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(영문) 대전지방법원 2017.09.07 2017고단1836
공무집행방해등
Text

A defendant shall be punished by imprisonment with prison labor for four 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. Around 03:00 on April 5, 2017, the Defendant, who obstructed the performance of official duties, committed assault, such as, before the Daejeon Police Station D District, which was located in Seo-gu Daejeon, Seo-gu, Daejeon, the Defendant: (a) expressed that he was unable to perform his duties while sustaining clothes in the said District; and (b) expressed that he was able to find and stop his duties while working in the said District E, and that he was able to talk with the police officers belonging to the said District, who want to find out and stop him at one time the parts of the face and the parts of the said E, respectively.

As a result, the defendant interfered with legitimate execution of duties of police officers.

2. 모욕 피고인은 같은 날 03:25 경부터 04:00 경까지 사이에 위 제 1 항과 같은 이유로 현행범 체포 되어 위 D 지구대에 인치되자 이에 불만을 품고, 그곳에 있던 민원인 F 등 여러 명이 듣고 있는 가운데 위 지구대 소속 경찰관들인 피해자 G(28 세), 피해자 H(29 세 )에게 ‘ 씹새끼야, 짭새새끼들이 깝치고 있네,

Neina

The victims were openly insulting by openly brining bitch bitch bitch bitch bitch bitch bitch brin, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Each statement of I, J, F, and K;

1. Each complaint;

1. A report on the arrest of the occurrence of a case and an investigation report;

1. Application of Acts and subordinate statutes to photographs of victims;

1. Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties) 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 Competition;

1. Selection of imprisonment with prison labor chosen;

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. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] The grounds for sentencing under Article 62(1) of the Criminal Act [the scope of the recommended sentence] interference with the performance of official duties, and the basic area (from June to one year and six months), / [the sentence] landscape, and it is not good to commit a crime such as assaulting the landscape, and booming the landscape within the earth, but criminal punishment is imposed in addition to the records of the juvenile protection case.

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