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(영문) 대전지방법원 서산지원 2020.04.08 2018고단1262
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On August 25, 2018, at around 21:55, the Defendant: (a) received a report from the Defendant to dispatch the victim to the scene on the front side of the Haak-gun Bridge, Chungcheongnam-gun, Chungcheongnam-gun, and received a request from the Defendant; and (b) the victim Do (40 years of age) affiliated with the police box of the Taean Police Station, who was called out, did not inform the Defendant of the number of rooms he was fluored by the Defendant, prices the parts of the victim’s necks as both descendants on the ground that he did not notify the Defendant of the number of rooms he was fluored by the Defendant; and (c) during the process of arresting the victim as a flagrant offender and moving the victim to the patrol room one time, the Defendant committed assault to the victim,

As a result, the Defendant interfered with the legitimate performance of duties by police officers related to reporting processing affairs, and at the same time inflicted injury on the victim.

Summary of Evidence

1. A protocol of partial police interrogation of the accused;

1. Statement made to D by the police;

1. Field photographs, etc.;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. The offense of obstruction of the performance of official duties on the grounds of sentencing selected as imprisonment penalty requires strict punishment as an offense detrimental to the legal order and the function of the State, by obstructing the exercise of legitimate public authority.

Considering the background and method of the Defendant’s assault, the nature of the crime is not good, and the victim was injured thereby.

In addition, the sentencing conditions of defendants, such as their age, character and conduct, environment, circumstances of crimes, and circumstances after crimes, shall be determined as per the disposition.

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