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(영문) 대전지방법원 2017.05.31 2017고단1035

공무집행방해

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On February 24, 2017, the Defendant reported 112 on the fact that he was at the time of his service under the influence of alcohol, and was requested by C to return home from the security guard C belonging to the Daejeon Seosung Police Station B police box called "I am out, I am out, I am out, I am out, I am out, I am out, I am out, I am back, I am back, I am back, and I am back to the left part of the head C in the circumstances where the Defendant was requested to return home again from the Inspector C. In addition, I am out, I am back to the left part of the head C in the circumstances where the Defendant was requested to return home again.

As a result, the defendant assaulted police officers to interfere with the legitimate execution of duties by police officers in relation to 112 report processing duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to C and D;

1. Application of Acts and subordinate statutes to investigation reports (ctv)

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. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act: Determination of a sentence to the effect that the case was committed by assaulting a police officer in the course of performing official duties and that the degree of the exercise of violence is not more severe, confessions and reflects, and that there are no other criminal records other than fines twice for traffic-related crimes: Determination of a sentence to the effect that the above circumstances are different from others, such as the defendant's age, sex and behavior, environment, motive, means and consequence of the crime, various conditions for sentencing specified in the argument of the instant case, such as the circumstances after the crime,