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(영문) 대전지방법원 2014.07.24 2014고단1220
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On February 18, 2014, at around 14:58, the Defendant filed a complaint on the ground that he was subject to the second measurement of Defendant’s Edump trucks from the Daejeon Viewing C and the victim D (20 years of age) who is the social work personnel belonging to the Daejeon Edump Truck, and demanded the second measurement of Defendant’s driving. The Defendant expressed the victim’s desire to “Ie Mari Mari Mari Mara” to “Ie Mari Mari Mari Mari Mara,” and had a long dump in the driver’s seat of the said truck, but at that place, the Defendant she dumpeded the victim’s fat, and dumped the victim’s left head part at two times with the victim’s hand, so that the victim’s treatment is required for about 10 days.

As a result, the Defendant interfered with the legitimate performance of duties concerning the crackdown on vehicles for social work personnel, and at the same time inflicted injury on the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D, G and H (in part of the case of the G);

1. Some police officers and suspect interrogation records of the accused;

1. A medical certificate of injury, or photograph;

1. Application of statutes governing service certificates to social work personnel;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. The sentencing of selective sentence of imprisonment shall be determined as ordered in consideration of the following circumstances:

The Defendant committed the instant crime even though he/she was sentenced to a fine on the grounds of the crime of property damage, etc. in around 2013, which was sentenced to imprisonment with prison labor on April 8, 2010, during the period of suspension of execution (five years after the suspended sentence was sentenced to imprisonment with prison labor for murder by the Daejeon District Court on April 8, 2010), and even though he/she committed the instant crime, he/she continued to have raised a complaint with a sporadity and design during the process of over-the-counter control, but he/she did not have the other

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