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(영문) 대전지방법원 2015.09.09 2015고단2486
공무집행방해등
Text

A defendant shall be punished by imprisonment for four 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. The Defendant, at around 03:20 on July 1, 2015, is driving a C-car on the street before the Seo-gu, Seo-gu, Daejeon.

At around 03:55 on the same day, the traffic accident was brought back to the emergency room of the District University Hospital in Seo-gu, Daejeon.

Before the emergency room of the above Eul University Hospital, the Defendant: (a) committed assault, such as spiting the head part of the above E, spiting the E’s body, spiting the water used in the drafting, and drinking the E, thereby obstructing the legitimate execution of duties concerning the public safety and maintenance of order of police officials, on the ground that the head part of the Dong Police Station D District D, which was dispatched after receiving a report in relation to traffic accidents and the Defendant’s assault, etc.; and (b) assaulting the E’s body, spiting the water used in the drafting; and (c) assaulting the E

2. At the same time and place as mentioned in the above paragraph 1, the Defendant publicly insulting the victim by having the victim E, who is a police officer, take photographs of the Defendant’s assault and abusive body by using a mobile phone, and making the victim take a bath, stating, “I must see see this shot, one-time, one-time, one-time, one-time, and one-time, one-time, one-time,” so that I can hear the staff of the hospital or security enterprise, the staff of the security enterprise, and the police officers belonging to the traffic accident investigation division.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of E and F;

1. Application of on-site and damaged photographs, and statutes governing damaged photographs;

1. Relevant Article 136(1) of the Criminal Act, Article 311 of the Criminal Act, and the choice of imprisonment for the crime

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [limited to the sum of the long-term punishments of the above two crimes]

1. Article 62 (1) of the Criminal Act ( considered favorable circumstances among the reasons for sentencing following the suspended sentence);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Application of the sentencing criteria;

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