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(영문) 대전지방법원 2018.11.15 2018고단3041
공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. On August 22, 2018, at around 00:30 on August 22, 2018, the Defendant: (a) had difficulty in packaging the victim’s face at the victim E (60 years of age) in front of the restaurant located in Daejeon-gu, Daejeon-gu; and (b) had difficulty in packaging the victim’s face at the victim E (60 years of age) with the Defendant’s day-to-day bar; and (c) had a part of the face where the victim’s face needs to be taken at around three weeks in drinking.

2. The Defendant interfered with the performance of official duties, at the time and place specified in paragraph 1, and at the time and place specified in paragraph 1, reported that the victim H, a police officer belonging to the Daejeon Police Station G police station G police station G police station of Daejeon, sent out after receiving a report of the assault case, was unable to report the Defendant’s assaulting of E, as prescribed in paragraph 1, while returning home to the parties, and prevented the Defendant from doing so. In addition, the Defendant inflicted an injury on the “non-pellet, dup, and closed,” which requires approximately three weeks of treatment on the face of the above H two occasions in drinking.

As a result, the defendant interfered with the legitimate execution of police officers' duties and inflicted an injury on police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. Each police statement made to H, I, and J;

1. Each investigation report and accompanying documents;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Article 257 (1) of the Criminal Act (the point of injury) and Article 136 (1) of the Criminal Act concerning facts constituting an offense;

1. Crimes of ordinary concurrence (between the crime of injury related to victim H and the crime of interference with the execution of official duties) Articles 40 and 50 of the Criminal Act (Punishments imposed on the crime of injury heavier than punishment);

1. Selection of each sentence of imprisonment;

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. Crimes No. 1 [the scope of recommendation] of the grounds for sentencing under Article 62-2 of the Criminal Act for the order to provide community service and attend lectures] of Article 62-2 of the Criminal Act, and crimes [the scope of recommendation] of the aggravated area (6 months to 2 months) of the general injury (the general injury) [the special aggravated person] of Article 62-1 of the Criminal Act [the scope of recommendation] of the basic area (4 months to 1 year and 6 months] of the No. 2 in the case of interference with the performance of official duties.

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