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(영문) 대전지방법원 서산지원 2020.01.16 2019고단972
공무집행방해
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 19, 2019, at around 15:25, the Defendant 15:25, when she was drunked on the way in front of C, Chungcheongnam-gun, Chungcheongnam-gun, for the reason that she could not know about, and on the ground that her could not, drink,” the Defendant reported 112 and sent to the site, and received a bath to check from the police officer F, such as the police officer E, at the police box of the Taean Police Station D, who was called to the site, carried out the above F’s shoulder one time by hand, was pushed back with the shoulder, and her shouldered for the said E, and went to the said E three times after the Defendant took the arms of the her head in front of the said E.

계속하여 피고인은 같은 날 15:35경 위와 같이 경찰관을 폭행한 일로 현행범인체포되어 충남 태안군 G에 있는 D파출소 임시사무소에 인치되자 갑자기 발로 피고인을 의자에 앉히려고 하던 위 E의 고환 부위를 1회 찼다.

Accordingly, the defendant assaulted police officers E and F, thereby obstructing police officers' legitimate execution of duties concerning handling of 112 reported cases, and protecting people's lives, bodies, and property.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Report on the occurrence of the case;

1. A report on internal investigation (on-site leading circumstances, current situation, etc. at the time);

1. A service log of a police box;

1. 112 reported case handling table;

1. A report on internal investigation (as to the statement of victim H)

1. A report on internal investigation (in-house investigation into certified images), and a CD-recording recorded by a police officer in charge of dispatch;

1. Application of statutes on site photographs;

1. 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. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act not only interfered with the legitimate execution of duties concerning the handling of 112 reported cases by force to the police officers in the first place, but also re-arrested after being arrested as a flagrant offender due to the above crime.

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