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(영문) 대전지방법원 천안지원 2015.10.07 2015고단1380

공무집행방해

Text

A defendant shall be punished by imprisonment for six 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 July 10, 2015, the Defendant, under the influence of alcohol in front of “C” stores located in Western-gu, Western-gu, Seocheon-gu, Seocheon-gu, the Defendant committed assault, such as her employees D, etc., of the said main points as an alcoholic beverage price issue, and her employees D, etc., upon receipt of a 112 report, the Defendant demanded to present an identification card, and her police officer belonging to the E zone belonging to the YY, Seocheon-gu, Seocheon-gu, Northern-gu, the E zone called upon upon receipt of a 112 report, saying, “the Defendant would have good f to enter the sphere, sphere, sphere, and walk the F’s back, making it difficult to walk

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police officer on F;

1. Application of the Acts and subordinate statutes in each statement prepared by D or G;

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Application of the sentencing criteria [Determination of the type of the obstruction of the performance of official duties] The basic area of the first category of the obstruction of the performance of official duties (determination of the recommended area), and six months to one year and four months; and

2. Determination of sentence: A sentence of imprisonment with prison labor for six months or one-year suspended sentence is required for violent crimes committed against police officers performing official duties, but the defendant has committed any contingent crimes under the influence of alcohol, recognized errors, and there is no previous conviction or sentence imposed for the obstruction of performance of official duties, in consideration of the facts that the defendant has committed any crime under the influence of alcohol and has no previous conviction or sentence