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(영문) 대전지방법원 2018.02.01 2017고단4263
공무집행방해등
Text

A defendant shall be punished by imprisonment for not more than ten 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. On July 16, 2017, the Defendant who intruded upon a residence: (a) opened the entrance door at around the house of the victim D(50), Daejeon Central District Court Decision 203, Daejeon Central District Court Decision 203, on July 16, 2017; (b) opened the entrance door to the police officer who arrived at the site upon receiving a 112 report, and went into the residence of the victim, and went into the residence of the victim.

2. 공무집행 방해 피고인은 같은 날 03:35 경 위 장소에서 현장에 출동한 대전 중부 경찰서 E 지구대 소속 경위 F로부터 위와 같은 이유로 현행범인 체포된 후, 피고인의 가방을 들어주려는 위 F의 얼굴을 발로 1회 걷어찼다.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the prevention, suppression, and investigation of police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F or D;

1. Application of the Acts and subordinate statutes concerning the investigation report, investigation report (report of accompanying to the arrest of a flagrant offender), investigation report (in the situation of site mobilization), victim of the assault, photograph of the assault, text photograph, E terrestrial service log, injury diagnosis report, and investigation report;

1. Relevant legal provisions of the Criminal Act, Article 319(1) of the Criminal Act (the point of intrusion upon residence), Article 136(1) of the Criminal Act (the point of obstructing the performance of official 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. On the grounds of sentencing under Article 62(1) of the Criminal Act, the sentence shall be determined as ordered in light of the following circumstances: (a) the Defendant’s age, sexual conduct, environment, family relationship, motive and consequence of the crime; and (b) the circumstances constituting the conditions for sentencing as specified in the instant pleadings.

D. In light of the circumstances and contents of each of the crimes in this case, if the liability for the crime is not easy in light of the circumstances and contents of each of the crimes in this case, the nature of the crime is not good as a matter of use of violence against police officers who are performing legitimate official duties, and it is more favorable for them to be used by the victim police officers.

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