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(영문) 대전지방법원 2013.12.05 2013고합268
특수공무집행방해치상등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

The defendant committed the following crimes under the status that the defendant has a weak ability to discern things or make decisions due to depression:

On May 24, 2013, the Defendant: (a) around 12:33, the Daejeon Dong-gu, Daejeon, on the part of his house toilet No. 227, was carrying a cigarette, etc.; (b) the Defendant was requested to open a door for fire-fighting from the fire officer D belonging to the Daejeon Central Fire Station and the slope E belonging to the Daejeon East Police Station, dispatched to the scene after receiving a fire report, but did not refuse it and open the door door.

During that, the defendant used the cresh of the entrance, and opened a slid door leading to the living room by entering the house, and tried to enter the place where fire occurred.

Accordingly, the Defendant, who was faced with the above closed glass, left the shoulder view, which is a dangerous object to the above D, left the door door, put the door door into his hand, put the door door into his hand, put the door door into the above D, put the door door into his seat, and put the above door hand of the E, which was the right hand of the above E.

As a result, the Defendant, carrying dangerous objects and assaulted the said D, obstructed the legitimate performance of duties of the fire-fighting officer, and suffered the victim D with approximately two weeks of medical treatment.

In addition, by assaulting the above E, the Defendant interfered with the legitimate execution of duties by police officers concerning the prevention and suppression of crimes, and at the same time, the victim E was subject to an excellent tolerance that requires approximately two weeks of medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement of E and F;

1. Written answers requested by the Daejeon District Prosecutors' Office to be prepared D;

1. Application of Acts and subordinate statutes to field and the scene of violence, photographic damage, medical certificate, reply letter, facsimile transmission, investigation report (investigation of mental capacity of a suspect), and investigation report;

1. Articles 144(2) and (1), 136(1) (a) of the Criminal Act of the corresponding Article of the Criminal Act concerning the crime, and Article 136 of the Criminal Act concerning the crime.

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