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(영문) 전주지방법원 2017.09.08 2016고단2033
공무집행방해등
Text

A person shall be punished by imprisonment with prison labor for not less than four months, and one year, respectively, for a crime of No. 2 in the holding of the defendant.

(e).

Reasons

Punishment of the crime

[criminal history] On October 11, 2016, the Defendant was sentenced to a suspended sentence of two years on August 8, 201 to a crime of violating the Road Traffic Act at the Jeonju District Court, and the judgment was finalized on December 24, 2016.

[2016 Highest 203]

1. On September 10, 2016, the Defendant: (a) on the street in front of the singing box in Kim Jong-si on September 10, 2016; and (b) on the ground that G, who was investigating the traffic accident in which the Defendant’s work E was under the influence of alcohol and carried out a shock test of alcohol, demanded that the mitigated G, who was in charge of the Kim Jong-gu Police Station F box, would be in charge of the alcohol test to the E.

In doing so, G’s chest was tightly tightly tightly tightly tightly, G’s finger part of the said site using a mobile phone, and assaulted by drinking once a week on the part of G’s hand in shooting the said site.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers G's traffic accident handling cases.

[2017 Highest 430]

2. On March 5, 2017, at around 18:00, the Defendant: (a) in the I restaurant located in Kim Jong-si, and (b) in the victim J (50) used the Defendant to assault K, the Defendant inflicted an injury on the victim’s head when taking care of the victim’s head at the victim’s head, i.e., a dangerous object in the said restaurant, (a height of 1m, width of 30cm).

Summary of Evidence

[2016 Highest 203]

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Lritten statements;

1. Investigation report (related to on-site circumstances) and attached video CDs (2017 Height 430);

1. Partial statement of the defendant;

1. Each police statement to J or K;

1. A report on investigation (cases accompanied by a medical certificate) and a medical certificate;

1. On-site photographs (on-site photographs);

1. Written inquiry about criminal history, etc.;

1. Reporting of the previous conviction of the disposition and results thereof;

1. Application of statutes governing judgment;

1. Relevant legal provisions of the Criminal Act and Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties, the choice of imprisonment), Articles 258-2 (1) and 257 (1) of the Criminal Act (the point of special injury) of the same Act concerning criminal facts;

1. The latter part of Article 37 of the Criminal Code to treat concurrent crimes, provided that Article 39 (1) (as to the crime No. 1 of the judgment below) is the defendant and the defendant.

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