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(영문) 대전지방법원 천안지원 2015.02.06 2014고단1670
공무집행방해
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

On August 30, 2014, at around 23:58, the Defendant: (a) at the Dongdong-dong Police Station B, Dongdong-gu, Dongdong-gu, Dongdong-gu, Seoul on August 30, 201; (b) at around 23:18 of the same day, the Defendant found that the victim D (the age 45) who was the captain of the Defendant’s wife and two children were dissatisfied with the protective measures taken by the said police box after receiving a report of domestic violence; and (c) the victim E (the age 55) (the police officer of the said police box, who was on duty inside the said box, during his duty in the said box, would throw away from the steel box in his office; and (d) took 7) the victim E (the police officer) who was the captain of the said police box, who was under his duty in the said box, was able to take advantage of the chair’s left part of the victim D, and did so through an assault between the victims.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in the military and the protection of victims.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Written statements of D;

1. Application of statutes on site photographs;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act selecting a penalty;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the suspension of execution (including the fact that the defendant has no record of punishment for the same kind of crime, confession and reflects, etc.);

1. Social service order under Article 62-2 of the Criminal Act;

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