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(영문) 대전지방법원 홍성지원 2019.03.27 2018고단897

공무집행방해

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

At around 19:30 on November 6, 2017, the Defendant, at the C cafeteria located in Chungcheongnam-gun, Chungcheongnam-gun, the Defendant, upon receiving a 112 report, assaulted police officers who performed their duties by hand when identifying the circumstances of the D District Police Station D District E, Inspector F, etc., who were dispatched to the site after receiving a 112 report, against those who were located there, including the Defendant, on the following grounds: (a) the Defendant expressed his desire to the effect that “nick, grow up, grow up, kis, do not go back, nis, you do not go off)” to the effect that “nick, me path of E,” and assaulted those police officers who were performing their duties by hand when taking care of the F’s title that was the reason for the removal.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the E, F, and G;

1. Copies of each police officer's certificate;

1. Application of Acts and subordinate statutes to a copy of work place;

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

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

1. Probation and community service order Article 62-2 of the Criminal Code requires strict punishment in principle in light of the unfavorable circumstances such as the recidivism during the period of probation and the fact that there are many violent crimes.

However, in consideration of the favorable circumstances, such as the fact that the crime is against nature, the fact that the crime does not lead to the heavy result of injury, etc., the physical disorder and alcohol dependence, etc., and the fact that the health is not good due to the physical disorder and alcohol dependence, and that it is not good to economic conditions as a basic living recipient, the punishment shall be