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(영문) 대전지방법원 2016.06.01 2016고단695

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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 6, 2016, the Defendant reported domestic violence 112 to the effect that D, a female living together, “the Defendant caused her children to die, or her goods to do so.” On March 6, 2016, the Defendant: (a) stated that C and 201 of Daejeon Dong-gu, Daejeon, and the police officer called “C and D,” who called the police officer, attempted to investigate the details of the report, etc.; and (b) took a desire to engage in extremely interested behavior under the influence of alcohol; (c) while the police officer, a police officer of the Daejeon East Police Station E District of Daejeon, who was called to the site upon receiving a request for support, was under the influence of alcohol by the Defendant, who was under the influence of alcohol and attempted to make a verbal speech to the said D; and (d) committed assault by harming the f’s erobbbage, a police officer.

Accordingly, the defendant interfered with the police officer's 112 report processing and crime prevention.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the law of the police statement protocol to F;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Where the scope of the recommended punishment according to the sentencing criteria [the scope of the recommended punishment] is limited to the scope of the recommended punishment [the scope of the recommended punishment], the area of special mitigation (one month to eight months), and the extent of violence, intimidation, and deceptive means is minor;

2. The nature of crimes committed by the defendant who has been sentenced to a sentence is not good;

However, considering that the defendant's mistake is recognized and against the defendant, that the damaged police officer does not want the defendant's punishment, that the defendant has no other criminal records, in addition to the one-time fine, the defendant is considered as favorable circumstances, and the defendant's age, sex, environment, etc., the punishment as ordered shall be determined in consideration of all the sentencing conditions shown in the arguments of this case, such as the defendant'