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(영문) 대전지방법원 천안지원 2015.08.07 2015고단916
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. On January 4, 2015, the Defendant, at around 20:15, 2015, told the victims of the instant accident, such as, under the influence of alcohol at the “Cju” located in Asan-si B, b, breaking the table, fright, and refusing to pay the drinking value, etc., the Defendant sent the table to the victim E who is a slope belonging to the D Zone Unit of the Asan Police Station, the victim F, a police officer belonging to the said district, was found to have a defect in order to grasp the circumstances of the instant case, and among G, who is the owner of the said main shop, and H, who is the Defendant’s volunteer.

Accordingly, the defendant insultd the victims openly.

2. 공무집행방해, 상해 피고인은 제1항 기재 일시, 장소에서 모욕과 재물손괴 등 혐의로 현행범인 체포되어 피해자인 순경 F(33세)과 함께 순찰차 뒷좌석에 탑승하여 아산경찰서 D지구대로 이동하던 중 F에게 “경찰 어린놈의 새끼가 어디서 지랄이야”라고 욕설을 하면서 오른쪽 발로 F의 왼쪽 뺨을 3회 정도 걷어찼다.

As a result, the Defendant interfered with the legitimate execution of duties of police officers in relation to the arrest of flagrant offenders, and at the same time, the Defendant inflicted injury on F, such as the left-hand chin in need of treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police suspect interrogation protocol regarding H;

1. Statement made by the prosecution with respect to F;

1. Statement prepared by E;

1. Descriptions of each written diagnosis;

1. Images of police officers, damaged parts, photographs of police officers, and on-site photographs;

1. Application of each statute on filing of a complaint;

1. Article 257 (1) of the Criminal Act, Article 136 (1) of the Criminal Act, and Article 311 of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the crimes of obstruction of the performance of official duties and the crimes of injury, and the punishment imposed on the crimes of serious injury);

1. Selection of each sentence of imprisonment;

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

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