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(영문) 대전지방법원 2017.09.05 2017고단2331

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On May 11, 2017, the defendant is in Seo-gu Daejeon, Seo-gu, Daejeon around 00:10, and the roads prior to D convenience points, and the defendant is an agent, and the customer does not pay a substitute fee.

“A police officer of the Busan Police Station E District of the E District called 112 reported and called 112 is required to pay the agency expenses and return home.

“In solicitation, the said F was boomed, and was tightly pushed down on the chest part of the said F, and continued to restrain the Defendant by the police officer G, and assaulted by having the said G in person with his body.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement concerning G and F;

1. A H statement;

1. 112 Application of the Acts and subordinate statutes governing the table of reported case settlement;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Although the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act requires a strict punishment against the defendant's exercise of force against the police officers who perform official duties, the defendant shall be sentenced to punishment as ordered by the Supreme Court, taking into account the following factors: (a) the confession and reflect of the crime in this case; (b) the criminal records exceeding the fine or the criminal records of the same kind; (c) the degree of assault is minor; (d) the person is likely to have committed contingent crimes by drinking, and other factors of sentencing indicated in the records, such as the defendant's age, occupation, family relationship, sex behavior, environment, and conditions before and after the crime, etc., within the scope of recommended punishment (the basic area: June to June) according to the sentencing guidelines of the Supreme Court.