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(영문) 대전지방법원 천안지원 2017.09.21 2017고단1693

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On July 29, 2017, the Defendant: (a) on July 29, 2017, 21:25, on the street “D cafeteria located in the Southern-gu, Southern-gu, the Defendant: (b) caused an accident on the street; and (c) provided a stop of a vehicle suspected of driving alcohol; and (d) provided a stop of a vehicle that is suspected of driving alcohol on the street; and (c) on the ground that the E box security guards dispatched after receiving a report 112, the Defendant controlled the Defendant to avoid tobacco in order to measure drinking alcohol.

‘‘(F’s 112 Report processing duties, which is a police official, interfered with legitimate execution of duties by assaulting the F’s face one time with a humbling, while taking a humbling, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of the statutes on photographs;

1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] : (a) the basic area (from June to January 1) of the Act on the Suspension of Execution of Official Duties is very poor; (b) the nature of the crime is very poor, such as assaulting a police officer who performs legitimate official duties; (c) the fact that the defendant is unaware of his mistake; (d) the fact that the defendant has no record of the same crime; (e) the fact that the defendant has deposited a certain amount for the victim; and (e) the fact that the defendant's age, sex behavior, family relationship, family environment, motive and means of the crime; and (e) the circumstances after the crime, etc. shall be determined as the Disposition.