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(영문) 대전지방법원 천안지원 2017.09.21 2017고단1632
공용서류무효등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

except that the execution of a sentence shall be deferred for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On June 5, 2017, the Defendant assaulted the victim’s face at around 22:10, at C main points in South-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si

2. On June 5, 2017, the Defendant: (a) around 23:30 on June 5, 2017; (b) at the Yannam-dong Police Station Fagu, Chungcheongnam-gu, Chungcheongnam-do; (c) received a report on the fact of assaulting D, such as paragraph (1); and (d) received a request for signature and seal on the voluntary accompanying consent from G police officers assigned to the said police box, and subsequently received a request for the signature and seal on the voluntary accompanying consent, the Defendant refused to comply with the request; and (d)

Accordingly, the Defendant damaged the letter of consent to voluntary accompanying, which is a document used by the F police box in the Yanannam Police Station F of the Yannam Police Station.

3. On June 6, 2017, at around 00:27, the Defendant, who obstructed the performance of official duties, voluntarily accompanied the Defendant at the police box, as described in paragraph 2, and was under the influence of alcohol, she heard the words “to get a prisoner to go to the house” from H by the chief of the police box affiliated with the police box where the said police box was in the influence of alcohol, and assaulted by h with her head when she gets a horse to go to the house.”

Accordingly, the defendant interfered with the legitimate execution of duties concerning the maintenance of order by police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol (H);

1. Written statements (D);

1. A written consent to voluntary accompanying;

1. Application of each statute on photographs;

1. Relevant Article 260(1) of the Criminal Act and Article 260(1) of the Criminal Act (Assaults), Article 141(1) of the Criminal Act (Invalidity of documents for public use), Article 136(1) of the Criminal Act (Obstruction of Performance of Official Duties) of the Criminal Act, and the choice of imprisonment for each type of crime;

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

1. The scope of sentencing recommended by the sentencing guidelines for the reasons for sentencing under Article 62(1) of the Criminal Act in the suspended sentence is based on the basic area (six months to one year and six months) of the first type of crimes (in the case of invalidation of public goods) (the scope of recommendation), which is the basic area (in the case of persons who are subject to special sentencing) of the first type of crimes (in the case of invalidation of public goods).

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