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(영문) 대전지방법원 천안지원 2015.09.17 2015고단1216

공무집행방해

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

At around 02:00 on June 14, 2015, the Defendant used verbal abuse against her wife D and E at the Defendant’s residence in the Dongnam-gu, Dongdong-gu, C and 301 of Dong-dong 301, and used home appliances to gather home appliances, and the Defendant attempted to grasp the circumstances of the instant case by separating the Defendant, D and E by dividing the slope belonging to the Fabs of the 112 police box in the 112 report, and assaulted both arms, such as “Iskin, d and E, h., h., h., h., h., h., h., h., h., h., h., h., h., h., h.

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

Summary of Evidence

1. Statement of the police officer's statement concerning G of the defendant's legal statement;

1. Application of each of the visual Acts and subordinate statutes to images of the scene photographs recorded in the E-written statement, D self-written statement, and photographs taken on the damaged parts of the victim;

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

1. Scope of the applicable sentences in the Act on the Reasons of sentencing under Article 62 (1) of the Criminal Act (Consideration of favorable circumstances among the reasons for sentencing): Imprisonment with prison labor for not less than one month but not more than five years;

2. The scope of the recommended sentence according to the sentencing guidelines (decision of types of punishment) shall be limited to the crimes of obstruction of the performance of official duties, and the cases where the degree of violence (special sponsor) among the crimes of obstruction of the performance of official duties is insignificant (the scope of recommending punishment) shall be from one month to eight months.

3. Determination of sentence: The sentence shall be determined as ordered in consideration of various sentencing conditions shown in the arguments of this case, such as the age, character and conduct, environment, etc. of the defendant, including the fact that the defendant was sent to the police after being reported by the defendant for a year of suspended execution of four months, and that the nature of the crime is poor, that the police officer G wants to punish the defendant, that it is difficult to see that the degree of the assault inflicted on the police officer is serious; that the defendant was the initial offender and the crime was committed by the police officer; and that the defendant was against himself; and