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(영문) 대전지방법원 2014.12.23 2014고단3219
공무집행방해등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Of the facts charged of this case, the prosecution against assault is dismissed in entirety.

Reasons

Punishment of the crime

On May 19, 2010, the Defendant was sentenced to five years of suspension of the execution of imprisonment with prison labor for committing murder at Daejeon District Court on three years, and the judgment became final and conclusive on July 24, 2010, and is currently under suspension of the execution.

1. On September 21, 2014, around 19:55, the Defendant damaged the damage and damage of property, without any reason, the victim E-owned glass of the victim E-owned car parked in front of the Daejeon Dong-gu, Daejeon, to remove the glass of the victim E-owned by hand and damaged it so that the amount equivalent to KRW 583,180,00 for repair cost, such as free exchange, can be seen as effective.

2. Around 20:15 on the same day, the Defendant, at around 30 minutes, 10 minutes, including “I amb and grow up when I amb and I amb when I amb amb and I amb amb,” to the victim H, who was asked about the presentation of identification cards, personal information, etc. from a slope H, a police officer belonging to the Daejeon East Police Station G police box, dispatched after receiving a report at the same place, and asked about the same time, and the victim H was openly insulting.”

3. The Defendant was arrested as a flagrant offender at the same time and place and obstructed the police officer’s legitimate performance of duties concerning the arrest of a flagrant offender by assaulting the police officer, such as leaving the front seat of the patrol police officer at the lower seat of the patrol police officer at one time, who is a police officer assigned to the G police box.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of the H;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Article 366 of the Criminal Act, the choice of punishment for the crime, Article 366 of the Criminal Act, Article 311 of the Criminal Act, Article 136 (1) of the Criminal Act, and Article 136 (1) of the Criminal Act, and the choice of imprisonment, respectively;

1. Of concurrent crimes, the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act [the scope of recommendations] / The obstruction of performance of official duties, the obstruction of performance of official duties (type 1), the basic area, the period between six months and one year and four months (the decision of sentence / the suspension of execution in relation to violence) is one time and violence.

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