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(영문) 대전지방법원 논산지원 2017.10.27 2017고단505
공무집행방해등
Text

A defendant shall be punished by imprisonment for six 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.

(e).

Reasons

Punishment of the crime

1. The Defendant, on July 24, 2017, 2017, 22:50 on July 24, 2017, 201, was requested to change the identification card to verify personal information from E in the circumstances belonging to the Seosan Police Station D District for the Seosan Police Station, which was dispatched after receiving 112 reports, while he/she was parked in the 112 driver’s seat of the Defendant’s vehicle parked in the 22:50 Seosan-si B Stick-si parking lot;

The purpose of this weather booming is to say that the police officer would be able to do so, and the police officer's legitimate execution of duties was obstructed by taking into account both the above police officers who were prepared for the preparation of the victim's statement.

2. On July 24, 2017, the Defendant: (a) reported at the 1112 Studio parking lot B in YYYYYYYYYY 20: (b) around 22:20 on July 24, 2017; and (c) reported the 112 reporter, who was requested to present his/her identification card from E circumstances belonging to the Dabudio B in the U.S. police station, the Defendant “this rings and knew.

The victims were openly insultingd by referring to the great sound “as I wish to do so”.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol by the police for E;

1. A written statement;

1. A complaint filed by E;

1. Application of the Acts and subordinate statutes to video-recording CDs for insulting crimes;

1. Relevant legal provisions of the Criminal Act, Article 136(1) of the Criminal Act (the point of obstructing the performance of public duties), Article 311 of the Criminal Act, and the choice of imprisonment with prison labor, respectively;

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. The crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Act on the suspension of execution requires strict punishment due to the nature of the crime and the poor circumstances that the police dispatched upon receiving a report by the defendant and used violence.

However, the sentence shall be determined as ordered in consideration of all the sentencing conditions shown in the pleadings of this case, such as the fact that the defendant reflects the mistake, the first offender, the age, environment, circumstances of the defendant, and the circumstances after the crime.

Rejection of Public Prosecution

1. The summary of this part of the facts charged is that the Defendant is residing in the Victim G (65 years) around July 24, 2017.

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