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(영문) 의정부지방법원 2018.01.30 2017고단5386
공무집행방해등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 20, 2017, the injured Defendant: (a) on July 20, 2017, around 01:00, the Defendant was serving in the elevator of the building B, namely, the daily operation of C and trial expenses; and (b) became disputing parties.

The victim D (the remaining, the 43 years old) who was on board the elevator, the Defendant C, the Defendant, and the Defendant, by bad hand, 4 times the back and back of the victim's head.

As a result, the Defendant inflicted an injury on the victim, such as light salt, which requires treatment for about 14 days.

2. The defendant, etc. who interfered with the performance of official duties was isolated from the wind to the wind, but the elevator was salvaged by the 119 fire fighters from the first floor above the above building around 01:10 on the same day, and became out of the elevator.

However, under the influence of alcohol, the defendant was sent to the police station E-gu Police Station of the Gyeong-gu in 01:25 on the same day after receiving 112 reports from the police officer, the police officer of the Dong-gu Police Station F and G police officer, etc.

The Defendant, on the ground that G was prevented the Defendant, prices the lower part of G at one time with a bad hand, and was pushed down with G’s chest by a bad hand.

Accordingly, in order to prevent the danger and injury of the defendant by the defendant, the defendant, the defendant, and the defendant were urged by F to take a bath and to sell F with his hand.

Accordingly, the defendant assaulted police officers to interfere with legitimate execution of duties concerning 112 reporting processing duties.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made with respect to H, G, and F;

1. Written statements of D;

1. Data on photographs of damaged parts;

1. Application of Acts and subordinate statutes on an injury diagnosis certificate and medical expenses calculation statement;

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

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

1. Selection of each sentence of imprisonment;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Protective observation and community service order under Article 62-2 of the Criminal Act.

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