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(영문) 대전지방법원 천안지원 2018.08.23 2018고단1164
공무집행방해
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 02:00 on April 26, 2018, the Defendant: (a) stated that “D” main points located in Dong-gu, Southern-gu, Dong-gu; (b) reported 112 to the effect that “the Defendant has a drinking value with the Defendant,” and asked the Defendant to ask his personal information; (c) the Defendant stated that “I will die as five king of Taekwondo; (d) I will die with the said police officer; and (e) I am to drink the above police officer’s left arms once a week; and (e) I am to drink the above police officer.”

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the handling of 112 reported duties.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officer in G;

1. Each police statement made with respect to H, I, and F;

1. Written Statement;

1. Application of statutes on site photographs;

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

1. The sentence shall be determined as per the order, comprehensively taking into account the following factors: (a) the act of assaulting a police officer who duly performs his/her duties on the grounds of sentencing under Article 62(1) of the Criminal Act; (b) the act of assaulting a police officer who properly performs his/her duties on the grounds of sentencing; (c) the act of assaulting a police officer, etc. is contrary to the nature of the offense; and (d) there is no criminal history of the same kind;

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