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(영문) 대전지방법원 2018.07.06 2018고단1110
공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than five months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On December 21, 2017, the Defendant: (a) around the Seo-gu Daejeon, Daejeon, Seo-gu, Seo-gu, Daejeon: (b) destroyed the Defendant’s property damage to prevent the progress of the Defendant’s E-rayed vehicle in the victim D (24) drive without any justifiable reason; (c) obstructed the progress of the Defendant’s vehicle in the Plaintiff’s D (24) drive without any reason; and (d) damaged the part of the Defendant’s vehicle following the said A-to-faced vehicle to 358,026 repair costs for the said vehicle.

2. On December 21, 2017, the Defendant interfered with the performance of official duties at the place above, and on December 23:45, 2017, the police officer G belonging to the Daejeon Police Station F District, who called the “if a female ever ever ever fests off,” called the Defendant at the same time and called the Defendant “if she is unable to stop his/her vehicle,” took two times the chest part of the said G, while asking the Defendant about his/her personal information and case circumstances.

Accordingly, the defendant interfered with legitimate execution of duties concerning the prevention, suppression, investigation, etc. of police officers' crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Written statements (D);

1. Application of the written estimate statutes;

1. Articles 366 and 136 (1) (the point of obstructing the performance of official duties) of the Criminal Act and the choice of imprisonment with prison labor for the crime concerned;

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

1. It is so decided as per Disposition for the reasons above Article 62(1) of the Criminal Act (including the fact that the defendant reflects his mistake, the fact that the defendant agreed with the victim D, and the fact that there is no record of punishment for the same kind of crime).

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