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(영문) 대전지방법원 논산지원 2017.05.23 2017고단177

공무집행방해

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment 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 16, 2017, the Defendant, upon receiving a report from 112 on the fact that a person who woms on the front of the CPC located in Seosan City CPC located in Seosan-si B, and received a demand for returning home from E in the circumstances belonging to the D District Unit of the Seosan Police Station, the Defendant expressed his desire to do so, and met the clothes and shoulders of the said police officer as drinking.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers concerning 112 reporting handling duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. The 112 reported case handling table; and

1. Application of the Acts and subordinate statutes on photograph description;

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. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [Scope of Recommendation] There is no person (from June to one year and six months) in the basic area (i.e., interference with the performance of official duties) (i., June to one year and six months) (i.e., a person subject to special sentencing] [decision of sentence] The instant crime committed assaults a police officer called out upon receiving a report by the Defendant, and needs to be punished strictly due to the nature of the relevant crime and the circumstances of the offense.

However, considering the fact that the defendant reflects the wrong, that the defendant agreed with the victimized police officer, that the victimized police officer does not want the punishment of the defendant, that the defendant does not have any criminal record of the same kind and suspension of execution or more, that the defendant does not have any criminal record of the same kind and suspension of execution or other criminal records, the defendant's age, sex, criminal conduct, environment, circumstances, degree of violence, and circumstances after the crime, the punishment as ordered shall be