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(영문) 대전지방법원 홍성지원 2018.10.16 2018고단65

공무집행방해

Text

A defendant shall be punished by imprisonment for six 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 January 19, 2018, the Defendant received the 112 report “C” from the Defendant and received the notification from the Defendant on January 14:53, 2018, and received the request for identification of personal information from the slope E belonging to the police box of the Boan Police Station, which called “A was assaulted by the Defendant,” and then, to the above E, “this weather rings, slicks, slicks, slicks, slicks, and slicks.”

“In doing a bath theory, he saw his breath in hand with breath, sculbling it, pushed it into the inside of the said main point, and tightly pushed it into the bottom of the said main point, and tightly pushed it over the floor.

Accordingly, the Defendant interfered with the legitimate execution of duties concerning the handling of reported cases and criminal investigations by police officers.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police for E;

1. The 112 Report Processing Table [the Defendant alleged to the effect that the performance of duties by police officers was illegal. However, according to the evidence duly adopted and investigated by the court, the victimized police officer was dispatched to the police officer after receiving 112 report that the Defendant assaulted by police officers and asked questions to verify the personal information of the Defendant. Thus, the Defendant’s assertion cannot be accepted.]

Application of Statutes

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. Reasons for sentencing under Article 62-2 of the Criminal Act for the observation of protection and observation [the scope of recommendation] There is no person [the person subject to special sentencing] in the basic area (from June to one year and six months) (the person subject to special sentencing] (the decision of sentence] (the decision of sentence shall be made in full view of all the conditions of sentencing as shown in the records, such as the defendant's age, sexual behavior, environment, circumstances before and after the crime of this case, circumstances before and after the crime of this case, details of the crime, etc.

D. Unfavorable circumstances: The defendant, even though he made an insulting speech and behavior against the police officer on duty, thereby undermining the morale of the police officer, is able to repent.