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(영문) 대전지방법원 2013.09.12 2013고단2888
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. At around 23:20 on July 19, 2013, the Defendant insultingd the victim by openly insulting the victim by saying, “A police officer of the Daejeon Police Station E zone, who is a police officer of the Daejeon Police Station E zone, who was dispatched upon receipt of the report, is asked questions to verify his/her personal information, etc. from the victim F, who is a police officer of the Daejeon Police Station E zone, and the above restaurant operator G and a number of persons who run the above facilities are under surveillance, the Defendant: (a) on the part of the victim, “I wish to ask him/her about his/her identification card; (b) I wish to ask him/her about his/her identification card; and (c) she is frightened, she is not frightened; and (d) she is frighted with frighten, she is off the clothes of the police officer.”

2. At around 23:55 on the same day, the Defendant was arrested in the act of committing an act in the line of duty and moved to the area E of the Daejeonsan Police Station located in Daejeon Seosung-gu H, Daejeon, and then, the Defendant: “F, a police officer belonging to the said area, “I see why I am out of dysium? I am out of the toilet, I am out of the toilet, and I am out of the toilet, so I am off the lock, and let the Defendant unfolded the lock, while I am out of the toilet, and am on the cell phone of the said area.

Accordingly, the above F violated F's arms, and the Defendant violated F's left arms as soon as possible, such as shouldering F's left arms.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in criminal investigations.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. F's self-written statement;

1. Application of each statute on photographs;

1. Relevant Article 311 of the Criminal Act, Article 136 (1) of the Criminal Act, and the choice of imprisonment for a crime

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

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

1. The elements of sentencing unfavorable to the reasons for sentencing under Article 62-2(1) of the Criminal Act for probation and lecture attendance order: the same kind.

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