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(영문) 대전지방법원 서산지원 2016.10.20 2016고단595

공무집행방해

Text

1. The punishment of the defendant shall be determined by six months;

2. Provided, That the above punishment shall be imposed for one year from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

At around 03:12 on July 23, 2016, the Defendant: (a) followed alcohol equivalent to KRW 355,00 in total at the market price at “Cju shop” located in Jinjin-si B; and (b) did not pay an amount equivalent to KRW 255,00,00 among the said alcohol; (c) and (d) did assault D and E without paying the drinking value despite having paid the drinking value; (d) on the same day, the Defendant used assaulting the said D and E without paying the drinking value; (e) around 03:47 on the same day, G used in the F District District of the Chungcheongnam-gu Police Station, Chungcheongnam-gu, who was called as “Is any woman to pay the remaining drinking value,” and (e) was called as “Iskn't her brily drinking alcohol,” and “Iskn't interfere with the order and maintenance of the police officer’s duties by preventing the assault of G’s chest by violence and suppression of his chest.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of G, E, D (tentative name), and H;

1. Application of related Acts and subordinate statutes;

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

1. The reason for the sentencing of Article 62(1) of the Criminal Act on the suspended sentence [Scope of Recommendation] The basic area of obstruction of the performance of official duties (6-1-4 months) (the decision of sentence] / The crime of this case is not easy to say that the police officers performing official duties were assaulted. However, considering all kinds of sentencing conditions such as the defendant's age, character and conduct, environment, circumstances of the crime, means and consequence, etc., the sentence shall be taken only once, and the sentence shall be determined as per the order.