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(영문) 대전지방법원 논산지원 2018.01.30 2017고단614

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

On September 2, 2017, at around 00:13, the Defendant: (a) reported that the Defendant assaulted D on the street in front of the Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, and the police station E District of the police station where the Defendant was dispatched to the site and prevented the Defendant; (b) the Defendant took a bath to the said F, stating, “I Y, I fe, I fe, I fe, I fe, I fe, I fe, I fe, I fe, I fe, I f, I fe, I f, I f, I f, I f, I f, I f, I f, I f, I fe, I f, I f, I f, I f, I f, I f

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

Summary of Evidence

1. Statement by the defendant in court;

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

1. The application of Acts and subordinate statutes to a report on investigation (in case of attaching 112 patrols and video stuffs);

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The Defendant was in a mental and physical state at the time of committing the instant crime, based on the observation of protection and the assertion by the Defendant regarding the assertion by the community service order under Article 62-2 of the Criminal Act

The argument is asserted.

According to the records of this case, even though the defendant was in a state of drinking at the time of committing the crime of this case, it does not seem that the defendant did not have or lacks the ability to make a decision.

Therefore, the defendant's above assertion is rejected.

The reason for sentencing [the scope of recommending punishment] No person who does not have a person who is subject to a special sentencing] in the basic area (six months to one year and six months) (and one year and six months) (the decision of sentencing] (the decision of sentencing] of the crime of this case due to the poor nature of the crime and the circumstances of the crime of this case, it is necessary to strictly punish the defendant.

However, considering the fact that the defendant reflects the wrong, the fact that there is no record of the same crime, the age, sex, environment, criminal records, criminal records, circumstances before and after the crime, etc., the punishment as the order shall be determined by taking into account all the sentencing conditions as shown in the arguments in this case.