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(영문) 대전지방법원 천안지원 2015.07.27 2014고단1716

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 22:20 on September 19, 2014, the Defendant: (a) was under the influence of alcohol on the street in front of the Westernbuk-gu, Western-gu; (b) was under the influence of alcohol, and (c) was under the influence of alcohol, when the Victim G (37 years of age) was a slope belonging to one team of the victim F (the 43 years of age) who was a slope belonging to the police box in the Yanananbuk-gu, Northern Police Station, sent out after receiving a report of the 112 person’s 112, and was under the influence of the Defendant, and without any reason, at the same time the Defendant was under the influence of the Defendant, at the victim G (the 37 years of age) who was a slope belonging to the same team of the EM police box in the Yananananbuk-gu, the Defendant was under the influence of the Defendant, and without any reason, at the same time the Defendant was under the influence of the Defendant.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement concerning G and F;

1. A H statement;

1. Application of statutes on photographs of damage;

1. Article 136 (1) of the Criminal Act and the choice of imprisonment with prison labor concerning the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act ( considered as follows)

1. Reasons for sentencing under Article 62-2 of the Criminal Act [Scope of Recommendation] : Where the degree of violence, intimidation, and deceptive scheme is minor (in particular, there is no past record of being sentenced to a fine or more severe punishment) (in particular, there is no same record of force), serious reflectivity, age, character and conduct of the accused, circumstances after the crime, etc.