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(영문) 대전지방법원 공주지원 2014.10.24 2014고단183
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On June 30, 2014, the Defendant: (a) on the front side of D Special Self-Governing City D Special Self-Governing Province D Specialized in D Special Self-Governing Province D Specialized in D Special Self-Governing Province, the Defendant, upon receiving a citizen’s report that he/she was assaulted by the Defendant; (b) was required to verify personal information from the slopeF affiliated with the E Specialized in the Official Police Station E Specialized in the Official Police Station E Specialized in the Republic of Korea; (c) the said police officer provided a knife with a knife, as he/she would be flife by both descendants; and (d) knife with his/her finger.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning the handling of reported cases.

2. Around 00:10 on July 1, 2014, the Defendant sounded the victim H (the age of 23) who is a police officer’s practical trainee at the official police station E zone in G, and among 7:8 people, including male police officers, the victim H (the age of 23) who is a police officer’s practical trainee at the official police station E zone in G, with the victim’s sound as “I Chewing, she would be why I am like a woman, why I am within I am? I am? I am? I am? I am I am? I am I am I am? I am I am I am I am.”

Accordingly, the defendant openly insultingd the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F and H;

1. On-site photographs and damaged photographs;

1. A complaint;

1. Application of an investigation report (verification of district conditions at the time of insult) Acts and subordinate statutes;

1. Relevant Article 136(1) of the Criminal Act and Article 311 of the Criminal Act concerning criminal facts (the point of obstructing performance of official duties and the choice of imprisonment), the choice of punishment (the point of insult and the choice of imprisonment);

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes to the extent that the punishment is added up the long-term punishment for the crimes of obstruction of performance of official duties heavier than the punishment);

1. Article 62 (1) of the Criminal Act (The following factors favorable to the accused among the reasons for sentencing);

1. Grounds for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

1. Application of the sentencing criteria [Scope of Recommendation] Imprisonment with prison labor for the basic sphere of obstruction of performance of official duties (in the case of obstruction of performance of official duties and coercion of official duties).

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