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(영문) 대전지방법원 논산지원 2018.09.14 2018고단288
공무집행방해등
Text

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

Around 00:10 on May 5, 2018, the Defendant reported 112 on D’s street in front of Chungcheongnam-si, Chungcheongnam-si, Chungcheongnamsan, that “Adju under the influence of alcohol is unable to return to his house” and sent to the Defendant by means of a victim F (F, 26 years of age, household name) who is a public official belonging to the police station E District Police Officer of the Busan Police Station E District, and B (the remaining, household name) to ask the Defendant about his personal information, etc., reporting the victim, and reporting the victim “hick, bad, and bad,” and taking charge of the victim’s left chest.

Therefore, when the victim was deprived of the body of the victim and the defendant, the defendant was called the victim's " Egypt", and the victim was rhythd with both sides of the victim's bridge.

As a result, the Defendant interfered with legitimate execution of duties, such as the protection of the lives, bodies and property of the people, prevention, suppression and investigation of crimes, such as the handling of 112 reports by police officers, and committed indecent act by force against the victim F.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to F and G;

1. Article 298 of the Criminal Act and Article 136 (1) of the Criminal Act concerning facts constituting an offense;

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

1. Imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. In full view of the circumstances and details of the instant crime, previous convictions, etc., there is a habitive wall that enables the Defendant to drink alcohol, taking into account Article 62-2 of the Criminal Act, Articles 44-2 and 2-3 subparagraph 2 of the Medical Care, Custody, etc. Act (hereinafter “the instant crime”).

The risk of recidivism and the need to receive treatment are also recognized.

1. An order to disclose and notify the main sentence of Article 62-2 of the Criminal Act, the main sentence of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an employment restriction order, the proviso to Article 49(1) and Article 50 of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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