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(영문) 대전지방법원 2016.10.13 2016고단2660
공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than eight 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

1. On August 13, 2016, the Defendant: (a) around 21:05 on the street in front of the Seo-gu Daejeon, Daejeon; (b) at around 112, a male (the Defendant) reported that he was under the influence of alcohol; and (c) the Defendant was under the custody of the slope E belonging to the Daejeon Western Police Station D Zone D District, which called the Defendant’s spouse until he had contacted the Defendant’s spouse, and was under the custody until he was on the site, and then the Defendant would have been under the control of the Defendant, and (d) the Defendant would have been under the control of the Defendant, “Imp ma, governance, she will be under the control of the Defendant, she would interfere with the execution of official duties; and (d) she would have she interfere with the execution of the duties.” At the time two times by her head and drinking.

As a result, the defendant interfered with legitimate execution of duties concerning police officers' crime prevention.

2. The Defendant expressed a bath for about five minutes, such as “I, from among the places of time and place, F, G, H, etc., having been reported and dispatched as above 112, whether he belongs to the said D District, i.e., “I, she is bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch,” etc.

Accordingly, the Defendant insultd the victim I.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to E by the police;

1. A written statement of I;

1. A complaint;

1. A report on the arrest of a suspected suspect, such as an official duty or neglect;

1. Application of Acts and subordinate statutes on the management of the D District Office and the 112 Reporting Case List;

1. Relevant Article 136(1) of the Criminal Act and Article 311 of the Criminal Act concerning criminal facts (the point of obstructing performance of official duties and the choice of imprisonment), the choice of punishment (the point of insult and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments for the crimes of obstruction of performance of official duties heavier than the punishment) among concurrent crimes;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2 of the Criminal Act on community service and order to attend lectures is that the defendant has the time of and reflects the crime of this case, that the defendant has no criminal record for the same kind of crime, and that the defendant has a state

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