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(영문) 대전지방법원 홍성지원 2017.08.11 2017고단318
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On March 14, 2017, the Defendant: (a) 22:00, at the second floor of “D,” a bath located in Chungcheongnam-gun Hong-gun, Hongsung-gun, without any particular reason, she took a bath against the victim E (35 years old); (b) at the hand, the victim’s chest part was flicked in one time, and the victim was flicked with the victim’s chest part at one time, and the victim’s face part was flicked at one time.

2. On the first floor of “D” around 22:30 of the date indicated in paragraph (1), the Defendant obstructed the police officer’s legitimate performance of duties on the handling of 112 reports by the Defendant, with respect to the Defendant’s crime described in paragraph (1), by having received 112 reports, the police officer G belonging to the Hongsung Police Station F District of the Hongsung Police Station, intended the Defendant to have the Defendant returned to the Defendant under the influence of alcohol. He / she provided a bath to the said G himself / herself, and she took the face of the said G one time at his / her hand, and thereby interfered with the police officer’s legitimate performance of duties on the handling of 112 reports by walking the sexual part of the said G once.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and G;

1. A H statement;

1. Application of Acts and subordinate statutes to photographs damaged;

1. Relevant Article 136 of the Criminal Act, Article 136 (1) of the Criminal Act (Interference with the performance of official duties), Article 260 (1) of the Criminal Act, and the choice of imprisonment, respectively, with prison labor;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 of the Criminal Act of the community service order [The defendant and his defense counsel asserted that the defendant was in a state of mental and physical weakness under the influence of alcohol at the time of the crime of this case, but according to the above evidence, the fact that the defendant had drinking alcohol at the time of the crime of this case is recognized, but it cannot be deemed that the defendant did not have the ability to discern things or did not have the ability to make a decision, and thus,

On the grounds of sentencing, the records are shown, such as the defendant's age, sex, environment, circumstances before and after the crime of this case, and the details of the crime.

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