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(영문) 대전지방법원 천안지원 2017.06.29 2017고단871
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. Around 05:15 on January 30, 2017, the Defendant: (a) found the victim D’s 'E Multicam operated by Asan City C’; and (b) expressed the victim D’s desire to “scam, dead, and discarded” to the police on January 24, 2017 on the ground that the Defendant reported the victim’s assault to the police on January 24, 2017; and (c) interfered with the victim’s multi-cam operation by force, such as “scambling” to customers in multiples during the same period from around 0 to around 13:10 of the same day.

2. At around 13:10 on the same day as the above 1. paragraph 1., the Defendant: (a) received the above 112 report, and committed assault, such as: (b) on the part of the Defendant: (c) 13:10 on the same day; (d) the slope G belonging to the FJ forces of the ASEAN Police Station that called to the site and sent back to the site; (c) Had the above G, Hading Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had the above “

Accordingly, the Defendant, who is a police official, interfered with the legitimate execution of duties concerning the handling of reported case G and H’s 112.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D, G, H, and I;

1. 112 A list of reported cases;

1. Application of Acts and subordinate statutes to photographs (fields of the case and damaged parts);

1. Relevant Article 136 of the Criminal Act, Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), Article 314 (1) of the Criminal Act (the point of obstructing duties) and the choice of imprisonment with prison labor for the crime;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of the recommended sentences according to the sentencing criteria;

A. Group 1 Crimes (Obstruction of Execution of Official Duties) (Scope of Recommendation) (Scope of Punishment) (Obstruction of Execution of Official Duties) is the basic area (Fe.g., from June to June).

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