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(영문) 대전지방법원 2018.07.10 2018고단1785
공무집행방해등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 18, 2018, the Defendant damaged property, at around 00:40, the main point of the Victim C’s operation in Daejeon Pungdong-gu, Daejeon, the Defendant was under the influence of alcohol in the corridor. Around April 18, 2018, the Defendant was under the influence of alcohol in the corridor. Around 300,000 won of the market price of the victim’s ownership, by leaving the wall.

Accordingly, the defendant damaged the victim's property.

2. 공무집행 방해 피고인은 위 제 1 항 기재 일시 및 장소에서 ‘ 손님이 인사 불성이다’ 라는 112 신고 접수를 받고 출동한 대전 유성 경찰서 E 지구대 소속 경위 F이 피고인에게 귀가를 권유하자, 욕설을 하며 발로 F의 정강이 부분을 1회 찼다.

Then, the Defendant got out of the main points as described in paragraph 1 above, and when he saw it, he saw it as a funeral G belonging to the said global belt, he saw it as a flab and flab, and flabed off the G flab face at one time.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in relation to the 112 reporting processing.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of the respective laws and regulations of G and C

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

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

1. Based on the reasoning of sentencing under Article 62-2 of the Social Service Order Criminal Act, the sentencing conditions specified in the instant trial process, such as Defendant’s age, sexual behavior, family relationship, family environment, motive and means of crime, and circumstances after crime, shall be determined as ordered.

The favorable circumstances: A confession and reflect on each of the crimes in this case.

The only agreed with the victim of the damage to property was made, and the victim police officers tried to seek a letter.

D. Unfavorable circumstances: The crime of obstructing the execution of official duties of this case committed against the police officer is a legitimate exercise of public authority.

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