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(영문) 대전지방법원 천안지원 2017.07.14 2017고단1054
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.

Reasons

Punishment of the crime

On March 21, 2017, on the ground that the Defendant resisted against, and did not deal with, the illegal charges of taxi engineers he/she used at the C District Parking Site in the Asan-si B, Asan-si, B, Asan-si, B, and the case at issue, the Defendant expressed his/her desire to do so to the policeman D, etc. working in the said District, “I would like to see why he/she would be why he/she would be why he/she will receive a report,” and the Defendant expressed his/her disturbance to the police officer D, who was solicited by the police officer to return home from the above police officer, and was able to write his/her back the back part of the said D, with his/her left part, and the Defendant prices the right hand of the said D’s right hand.

As a result, the Defendant interfered with legitimate performance of official duties for the maintenance of order, which is a police official, and at the same time, the Defendant inflicted an injury on the right side of approximately 3 weeks of medical treatment, such as cutting off the 4th floor above the water level.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A written statement of F and G;

1. Each photograph and CCTV image;

1. Application of statutes in a statement of intention;

1. Article 136(1) of the Criminal Act applicable to the facts constituting an offense (the point of obstructing the performance of official duties) and Article 257(1) of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act, Article 60 (3) of the Juvenile Act, Article 60 of the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act / [Scope of Recommendation] General In the case of interference with the performance of official duties (six months to two years) [Special Aggravationd Persons], the sentence shall be determined as ordered in consideration of the various sentencing conditions indicated in the instant trial proceedings, including the fact that the police officer interfered with the performance of official duties by the police officer, resulting in injury to the police officer, and the case is not less easily, the damage has not been recovered, the first offender is not recovered, and the violation is against the law.

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