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(영문) 대전지방법원 2017.12.14 2017고단3836
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 July 24, 2017, the Defendant: (a) at the office of the Daejeon Daejeon Police Station C Team at 1417, a 1417-gil, according to the Taedong-gu Daejeon, the Defendant: (b) notified the Defendant of the slope of a police officer who confirmed that the warrant of execution was issued due to the default of the fine due to the case of separate domestic violence; (c) attempted to escape from a defect in the execution site; (d) took one-time the back of a police officer’s back, walking the back of the slope E in the direction of the police officer; (d) took one-time the back of the back of the police officer’s back, taken one-time the step, etc.; and (e) took one-time the direction of the police officer’s back, walking the right side of the said D, and took one-time the direction of the direction of the police officer.

Accordingly, the defendant interfered with the legitimate execution of police officers' punishment.

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement protocol with respect to G and H;

1. The president of the H’s complaint;

1. Each E, D, and F statement;

1. A investigative report (CCTV image analysis);

1. Reporting on the arrest of the fine unpaid;

1. A CD;

1. Application of the Acts and subordinate statutes to photographs by capturing CCTVs;

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 (Article 62(1) of the Criminal Act (Article 62(1) of the Criminal Act) provides that the act of assaulting police officers who perform official duties by putting in uniform is likely to interfere with official duties to be strictly executed under the favorable circumstances of the defendant, and 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 to be bad;

It can be seen, the defendant did not agree with the damaged police officers, and the damaged police officers want to punish the defendant.

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