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(영문) 대전지방법원 천안지원 2015.11.06 2015고단1373
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 01:00 on June 5, 2015, the injured Defendant assaulted the victim D (inns, 26 years of age) and drinking in the “Ccafeteria” located in Dong-gu, Dong-gu, Chungcheongnam-gu, Yannam-gu, as a result, the victim was blicker at the time of the victim’s cream, blicking the victim’s head knishing the victim’s head knishing the victim’s head knishing the victim’s head knishing the victim’

As a result, the defendant suffered from the victim's impairment of the sponsive nature and sprinking of the sponsive play in need of approximately two weeks of treatment.

2. On June 5, 2015, the Defendant, at around 03:07, engaged in obstruction of performance of official duties, committed assault, such as spiting, spiting, and blusing off the face of the above G while he saw that he was unable to return home without returning home, and continued to have access to D without returning home, at the Ffers located in Dong-gu, Dong-gu, Chungcheongnam-gu, Chungcheongnam-gu, the Defendant: (a) took a bath to the extent that he was under the control of G with the circumstances where he was under the control of the said police box, and assaulted, such as spiting, drinking, and blusing the chest of G with blus.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases and patrol affairs.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police suspect interrogation protocol regarding D;

1. Statement made by the police officer in G; and

1. Description of a medical certificate or an injury medical certificate;

1. Application of the Acts and subordinate statutes to photographs showing damaged parts of the victim;

1. Relevant Article 136(1) of the Criminal Act, Article 257(1) of the Criminal Act and the choice of punishment for the crime, the choice of punishment for the crime

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with punishment prescribed for heavier injury);

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. Application of the sentencing criteria;

A. Type 1 of the obstruction of the performance of official duties (the decision of the type of the obstruction of the performance of official duties) (the decision of the recommending area), basic area of the obstruction of the performance of official duties (the decision of the recommending area), and six months of imprisonment.

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