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(영문) 대전지방법원 천안지원 2018.05.18 2017고단2494

공무집행방해

Text

A defendant shall be punished by imprisonment with prison labor 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

At around 11:44, July 28, 2017, the Defendant responded to the refusal of the Defendant’s request to invalid the patrol lane at the Asan Police Station D police station located in Asan-si, Asan-si, and again found the D police box. “I am fat, if I am fat, I am fat, I am fat, and used the part of E with the Defendant’s fat, which was cut off on the ground that “I am fat, I will throw away the fat, and will throw away the fat, I am fat,” while I am on the fat, on the ground that I am fat, the Defendant was fated to fat the Defendant’s arms to remove the Defendant’s arms outside of the police box.

Accordingly, the defendant interfered with the legitimate performance of duties by police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A report on internal investigation (a confirmation of spacific images by a police box);

1. A place where he/she will serve in a DNA box;

1. Application of statutes on site photographs;

1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

1. The scope of recommended punishment according to the sentencing guidelines [the types of decisions], the scope of interference with the performance of public duties, the first type (Interference with the performance of public duties and the coercion of duties] (person with special mitigation], the degree of interference with the performance of public duties is minor (the scope of recommended punishment), the area of mitigation of punishment, the imprisonment for not less

2. The Defendant, who was sentenced to criminal punishment, committed the instant crime even though he/she was subject to criminal punishment several times for violent crimes, including the record of punishment as a fine by obstructing the performance of official duties.

However, the defendant is against his or her wrong recognition, and he or she has made efforts to treat alcohol addiction.

It seems that the degree of assault committed by the defendant against the police officer is not much serious.

The Defendant has no record of criminal punishment heavier than the fine prior to the instant case.

In addition to these circumstances, the defendant's age, sex, environment, family relationship, and crime.