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(영문) 대구지방법원 서부지원 2018.03.21 2017고단1996
공무집행방해
Text

Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment for eight months.

However, this judgment is delivered against Defendant A.

Reasons

Punishment of the crime

1. On August 2, 2017, Defendant A committed assault, such as: (a) around 22:45, on the 3rd floor of the Daegu-gu Office D and the 112th floor of the building, Defendant A expressed his desire to ask questions about the circumstances of the instant case from the chief of the police box affiliated with the police box of the 112 who was dispatched after receiving a report; and (b) selling the body of the said G and the head’s body by hand.

Accordingly, the Defendant interfered with the legitimate execution of duties concerning the handling of the reported case by the police officer.

2. Defendant B, at the same date and time as in paragraph (1) of this Article, and at a place where 112 was reported, intended to ask questions about the security of the instant case from G to the chief of the police box affiliated with the police box of the Police Station, who was called out after having received 112 report, carried out the above police officers, by hand, resisting the body of the said G by hand, and assaulting the said police officers, such as: (a) he resisting the defect in which the Defendant’s slopeH (46 years old) affiliated with the same police box; and (b) she tried to wear down the left part of the said H.

As a result, the Defendant interfered with the legitimate execution of duties by the police officers on the handling of the 112 reported case, and at the same time put the victim H on the left gate, which requires approximately four weeks of treatment.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to H and G;

1. A H statement;

1. Investigation report (Attachment of a photo of the damaged police officer’s part of H damage), photographs immediately after damage on August 2, 2017, and photographs of the damaged part on September 13, 2017;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Defendant A of the relevant Article of the Criminal Act concerning the facts constituting a crime: Articles 136(1) and 257(1) of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act (Defendant B) of the Commercial Competition Act;

1. Selection of imprisonment with prison labor chosen;

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

1. Defendant A with the reason for sentencing under Article 62-2 (Defendant A) of the Social Service Order Criminal Act: The Defendant committed the instant crime under the influence of alcohol even though he/she was subject to criminal punishment several times due to violent crimes, and the nature of the instant crime is not good in light of the background of the instant crime, degree of assault, etc.

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