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(영문) 대전지방법원 2013.08.23 2013고단1851
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 00:40 on April 23, 2013, the Defendant: (a) confirmed that the victim J (51) who is a police officer belonging to the I District Police Station I District of Daejeon, which was called upon by the Defendant after receiving a report from the Defendant that he had a taxi driver and a Si guard, did not pay the taxi expenses after hearing the Defendant’s statement; (b) requested the Defendant to pay the taxi expenses; (c) however, the Defendant did not continuously pay the taxi expenses to the Defendant when he left the taxi driver, and (d) sent the victim’s desire to “sing out, singing out, and drinking out by a police officer; (d) sing out the victim with the victim’s ship by riding the Defendant’s hand; and (e) the victim kneeped the Defendant’s hand, and (e) made the victim’s eye on one occasion with another hand.

As a result, the defendant interfered with the legitimate execution of duties by police officers concerning public peace and maintenance of order, and at the same time, the victim was inside the left-hand side and on the left-hand side of the need for medical treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police statement to K and J;

1. A written diagnosis of injury;

1. Application of each statute on photographs;

1. Article applicable to criminal facts;

(a) Obstruction of performance of official duties: Article 136(1) of the Criminal Act;

(b) Injury: Article 257 (1) of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishments imposed on the crimes of bodily injury heavier than that of a judgment);

1. Selection of imprisonment with prison labor chosen;

1. The suspended sentence under Article 62(1) of the Criminal Act comprehensively takes into account the following factors: (a) the Defendant has committed a mistake in his/her judgment; (b) the degree of injury suffered by the victim is relatively minor; and (c) the Defendant’s age, character and conduct, intelligence and environment; (d) motive, means and consequence of the crime; and (e) various sentencing conditions specified in the arguments in the instant case, including the circumstances after the crime,

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