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(영문) 대전지방법원 2015.03.17 2014고단3924
공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than five months.

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

(e).

Reasons

Punishment of the crime

1. Around October 23, 2014, the Defendant insultingd the victim by openly insulting the victim by referring to the victim’s injury F, who was the victim of the D District, at the front of the D District located in Seo-gu Daejeon, Daejeon, on the following occasions: (a) on October 9, 2014; (b) during the dispute with the driver E of the taxi that he was aboard, the victim of the D District said D District said that the victim’s injury to the Defendant would both pay for taxi expenses and return home, and two police officers other than the above taxi E and other police officers are heard.

2. On October 10, 2014, at around 00:35, the Defendant: (a) arrested a flagrant offender on the floor of the Daejeon District D District of the Daejeon District Police Station that was located in the Seo-gu Daejeon, Daejeon; (b) continuously spits the brin on the floor; (c) brought about brins by G officers belonging to the said District G, who were on the side of the said District; and (d) assaulted G’s face on a single-time basis.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the maintenance of order and protective measures.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. Application of F’s written Acts and subordinate statutes;

1. Articles 136 (1) and 311 of the Criminal Act applicable to the crimes;

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

1. The summary of the charge of assault, among the facts charged in the instant case, of the dismissal of prosecution pursuant to Article 62(1) of the Criminal Act, is as follows: (a) on October 9, 2014, the Defendant: (b) on the front side of the Daejeon Seo-gu, Daejeon on the ground that the Defendant was unbread by drinking while getting in a taxi driven by the victim E and being under influence of alcohol, on the ground that: (c) on October 9, 2014, the Defendant was in front of the Daejeon Seo-gu, Daejeon on the part of the instant charges.

Nice said that he expressed his desire to "dominate even if he had been designated as a taxi engineer," and that he did assault the victim by taking the victim's diving by hand.

This constitutes a crime of assault.

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