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(영문) 대전지방법원 2017.07.06 2017고단1796
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight 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 April 27, 2017, at around 22:50, the Defendant expressed that E (49 years) and F (23 years) a police officer belonging to the D District, who was dispatched after receiving a report from 112 domestic violence at the Defendant’s residence of Seo-gu Daejeon, Seo-gu, Daejeon, 301, attempted to investigate the details of the report to G with the victim of domestic violence, the Defendant expressed that the said police officer “to see to see, she must do so,” and that he sent the above E to her drinking, and walked the car by walking the above E’s left side by walking the buckbbbbbbbbbs, and carried the chest of the above F F, which she prevented.

As such, the Defendant assaulted police officers, thereby obstructing the legitimate execution of duties concerning the handling of reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of G, E, and F;

1. Reporting on the arrest of the case;

1. A report on investigation;

1. Application of Acts and subordinate statutes to photographs damaged;

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 Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Act on the Suspension of Execution [The fact that the defendant is the time of and against the crime of this case, the defendant has no previous record of the same kind, the defendant supports his wife and two children, etc.] Article 62 (1) of the Criminal Act (the act of assaulting the police officers who perform official duties by putting in uniform is deemed to interfere with official duties to be strictly executed, and the nature of the crime is bad and thus, is not responsible;

The following can be seen: (a) the Defendant did not agree with the victimized police officers; (b) the victimized police officers want to punish the Defendant; (c) the Defendant’s efforts to recover damage to the victimized police officers are insufficient; and (d) the Defendant has been punished on two occasions (suspension of execution, suspension of execution of sentence); and (c) the Defendant’s past records, such as the Defendant’s age, sex, environment, motive, means and consequence of the crime, and the circumstances before and after the crime, are attached to all kinds of sentencing prescribed in Article 51 of the Criminal Act.

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