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(영문) 대전지방법원 2017.03.23 2016고단4572
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On November 16, 2016, the Defendant damaged property: (a) 15:30 on November 16, 2016, the Defendant was under the influence of alcohol in the “E danran tavern” of the victim D’s “E danran; and (b) was working on the said main shop without any justifiable reason

F made a bath to “this brutt brut”, and the market value of the victim, which was located at the same place, was set on the floor, and damaged by having the victim bruted with the above electrical brut.

2. The Defendant interfered with the performance of official duties at the time, time, and place specified in paragraph 1, and at the place specified in that paragraph, to ask the Defendant for personal information upon arrival at the scene by the police officer H and I belonging to the Sejong Police Station G police box called out after receiving a report on the act of disturbance as above.

C. He saw that he was able to do so, and she was frightened by a police officer’s arms one time, and then plucked, plucked, plucked, prevented the Defendant, and arrested the Defendant as a current offender, and assaulted the I’s bridge that is to arrest the Defendant as a current offender.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the control of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to I and H;

1. A written statement;

1. Investigation report (victim D phone investigation);

1. A investigation report (verification of CCTV video data in the site of the case);

1. The CD;

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

1. Article 366 of the Criminal Act applicable to the facts constituting an offense and Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties);

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (limited to cases where a person interferes with the execution of official duties);

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 Act on the Suspension of Execution (Article 62(1) of the Criminal Act (Article 62(1) of the Criminal Act) provides that the defendant is guilty of committing the instant crime, the amount of property damage is not significant, the defendant does not want the punishment of the defendant under the agreement with the victim of the crime of property damage, and the defendant is the police officer who

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