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(영문) 대전지방법원 2016.11.09 2016고단2859
공무집행방해등
Text

Defendant

A Imprisonment of six months, and Defendant B shall be punished by a fine of three thousand won,00,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

On May 28, 2016, at around 23:30 on May 28, 2016, the Defendants: (a) assaulted the E restaurant located in Daejeon Dong-gu, Daejeon; (b) G belonging to the F District District of the Daejeon East Police Station, and (c) Police Officers: (a) expressed that “Isn is China; (c) Isn't kn't kn't kn't kn's kn's kn's kn't kn't kn's Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Chinese Skn's kn's kn's kn's kn's left shoulder at one time; and (d) Defendant B assaulted the H's shoulder as above in the course of arresting a flagrant offender from G.

Accordingly, the Defendants conspired and interfered with the legitimate execution of duties concerning the handling of 112 reports by police officers and criminal investigation affairs.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of each police protocol of statement to I, G, and H

1. Defendants of relevant legal provisions concerning criminal facts: Articles 136(1) and 30 of the Criminal Act

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

1. The choice of the defendant A, who has been punished by imprisonment, and the fine, against the defendant B

1. Defendant B of detention in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendant A: Article 62 (1) of the Criminal Act;

1. Defendant A of a community service order: The reason for sentencing under Article 62-2 of the Criminal Act;

1. Considering the poor quality of Defendant A’s crime, the attitude of being investigated by an investigative agency after the crime was committed was also bad, and the serious reflectivity, such as telephone call from the victimized police officer who received an application for payment order, appears to be insufficient, and the fact that there was a past record of punishment several times for violent crimes, etc.

G shall take into account the favorable circumstances in which G does not want the punishment of the defendant in consultation with G, which is a damaged police officer.

Other cases, such as the age, character, conduct and environment of the defendant.

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