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(영문) 대전지방법원 2018.10.18 2018고단2907
공무집행방해등
Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 2, 2018, the Defendant: (a) 22:30 on July 2, 2018, to the victim D (26 tax) who provides guidance on paths on the singing roads located in Daejeon-gu Daejeon-dong C, Daejeon-dong; (b) whether the Defendant was able to do so.

Cr. Musgerger

As a result, the victim's right bream was assaulted by the victim's bream in one time, and the victim's left bream was assaulted by the victim's left bream, one time, and one time by the left bream.

2. On July 2, 2018, the Defendant obstructed the performance of official duties at the F police station located in Daejeon Dong-gu, Daejeon, Daejeon, Dong-gu, Daejeon, on the same ground as the statement in paragraph 1, and was arrested and waiting for a flagrant offender on the same ground as the statement in paragraph 1, and was in the time he was arrested as a flagrant offender, he was shaking the breath of G, who was a police officer belonging to the F District, and was seated one time with the arms of the above G. The Defendant was sexually abused the face of the above G at the front of the detention room while being escorted to the cell room for the staff on duty at the Daejeon Police Station located in the Daejeon Dong-gu, Daejeon.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in criminal investigations.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or G;

1. Application of Acts and subordinate statutes to each damaged part of the photograph;

1. Relevant Article 260(1) of the Criminal Act (the point of violence), Article 136(1) of the Criminal Act (the point of interference with the performance of official duties) and the choice of imprisonment for each crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. In light of the fact that the defendant was punished once again for the same offense even though the reason for sentencing under Article 62-2 of the Criminal Act of the community service order and the order to attend lecture had the record of being sentenced to punishment once for the same offense, the defendant's liability is unlimited, but the defendant's confession is contradictory to the defendant, the defendant's confession is against himself, the defendant's agreement is partially committed with the victim, and the defendant has no criminal record other than the fine, etc., the punishment as the order shall be determined together with the above consideration.

Rejection of Public Prosecution

1. The victim on July 2, 2018

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