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(영문) 대전지방법원 서산지원 2015.05.06 2015고단237

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

At around 02:00 on December 16, 2014, the Defendant, while drunk in front of the watchkeeping office of the Seosan Police Station located in Seosan-si, Seosan-si, called “the police officer brought a cell phone inside,” and boomed D of the police officer belonging to the Seosan Police Station, who was on duty at the time, to undergo a disturbance, such as “the police officer brought a cell phone inside,” and take a bath, and upon receiving the report, demanded the Defendant to return home to the Defendant, the police officer belonging to the Seosan Police Station E District Unit of the Seosan Police Station who was in receipt of the report and demanded the Defendant to return home to the Defendant.” The Defendant expressed that “I will do so, I will do so, I will do so, I will want to take the chest of the above F, and f will do so by her hand.

Accordingly, the defendant interfered with legitimate execution of duties concerning the prevention and suppression of police officers' crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Application of Acts and subordinate statutes of D and G

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] There is no person who has a basic sphere (6-1-1-4 months) of the obstruction of performance of official duties (6-1-4 months), [decision of sentence] The fact that the defendant, while under the influence of alcohol, takes a bath to police officers, exercises violence, etc. is disadvantageous to the defendant, and that it is favorable to the defendant that he/she reflects his/her wrongness.

In addition, the sentence like the order shall be determined by comprehensively taking into account all the sentencing conditions shown in the records and arguments of this case.