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(영문) 대전지방법원 홍성지원 2017.02.08 2016고단865
공무집행방해등
Text

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

Reasons

Punishment of the crime

On November 13, 2016, at around 20:30, the Defendant: (a) followed the Defendant at the house of the pro-fescence D in Chungcheongnam-gun, Hongsung-gun on the ground that the said D and his spouse were not drunk; (b) followed the Defendant on the ground that the said D did not drink; and (c) received a report of assault on the circumstances of the instant case from G, who was asked by the circumstances during which the Fscence of the Hong-gu Hong Police Station Fscence, called, “I would come to go to the police station, I would turn to the fescence, I would turn to the fescence, and I would turn to the fescence of the said G,” and assaulted the Defendant, by hand, at one time, at the same time.

On November 14, 2016, the Defendant was arrested and detained in a flagrant offender in the detention room of the Hong-nam Hong Police Station around 01:00 and then sent to a single room.

달라! 담배를 달라!” 는 소리를 치며 난동을 부리던 중 유치장에서 사용 중이 던 물통과 세숫대야를 벽에 던지고 변기 커버를 뜯어 내 부숴 수리비 17,000원이 들도록 하였다.

Accordingly, the defendant has harmed the legitimate execution of duties by police officers in relation to the prevention, suppression and investigation of crimes, and has harmed the utility by damaging things used by public offices.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to G and H;

1. A written statement of I;

1. Application of Acts and subordinate statutes to photograph by capturing internal investigation reports (Evidence Nos. 4 and 12 of the evidence list), scene photographs of interference with the execution of J official duties, photographs damaged by public goods in the red cell, receipts, and by capturing CCTVs in the cell of the red police station;

1. Relevant legal provisions of the Criminal Act, Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties), Article 141(1) of the Criminal Act (the point of damaging goods for public use) and the choice of imprisonment for each crime;

1. The grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes, and other conditions of all the sentencing recorded in the records, such as the defendant's age, sex, environment, and circumstances before and after the instant crime, shall be determined as ordered by taking into account the following circumstances.

The fact that the crime of this case is committed, and 50,000 won is deposited for the above police officer.

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