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(영문) 대전지방법원 서산지원 2017.08.24 2017고단497
공무집행방해
Text

1. The punishment of the accused shall be three months of imprisonment;

2.Provided, That the above punishment shall be imposed for a period of one year from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

On June 11, 2017, the Defendant, at around 00:10 on June 11, 2017, received a report of 112 that “a male is being wraped by a male,” and received a request from a policeman F to disclose his personal information from the police box affiliated with the police box located at the scene, Chungcheongnam-nam Police Station Emba, which called “a male is being wraped by a male,” but did not comply with this request. However, the Defendant, on his own hand, assaulted F’s chest with a hand, pushed up the police boat that he was wraped by a hand, was pushed down in front and rear.

In the end, the Defendant interfered with the legitimate execution of duties concerning the handling of reporting duties by police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. G statements;

1. Application of Acts and subordinate statutes to each on-site photograph and a copy of work log;

1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense, Article 136 (1) of the Criminal Act concerning the selection of punishment, and the choice of imprisonment;

1. The reason for sentencing under Article 62(1) of the Criminal Act on the suspension of execution [the scope of the recommended sentence] The reason for sentencing under Article 62(1) of the Criminal Act (amended by Act No. 6200, Jan. 1, 2007) is the mitigated area (one month to eight months), and where the degree of violence, intimidation, deceptive scheme, or interference with public duties is minor (the decision of sentencing] where the police who is performing his/her duties is assaulted, and thus, the defendant must be strictly punished.

However, in consideration of the degree of violence, the records of criminal punishment of the defendant and all the sentencing conditions, the punishment shall be imposed only once, and the punishment shall be determined as per the order.

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