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(영문) 대전지방법원 2015.05.15 2015고단813

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 7, 2015, the Defendant was subject to drinking control at the entrance of the Seo-ro 336 public parking lot, Seo-gu, Daejeon, Seo-gu, Daejeon, and at the entrance of the public parking lot, from C, an auxiliary police officer belonging to the Daejeon East Police Station, who was engaged in drinking control, and accordingly, obstructed the Defendant’s legitimate execution of duties concerning the prevention of traffic hazards of C, a police officer at once.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to C

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

2. Article 62 (1) of the Criminal Act;

3. Reasons for the sentencing of Article 62-2 of the Social Service Order Criminal Act [Determination of Punishment] : Where the degree of obstruction of performance of official duties is insignificant [Special Convicts] - Where the degree of assault, intimidation, and deceptive scheme for mitigation elements is minor [Scope of Recommendation Sentence] - Where the degree of positive assault, intimidation, and deceptive scheme is minor: In cases where the degree of positive assault, threat, and deceptive scheme is minor: lack of negative social ties - lack of negative social ties - lack of positive social ties - lack of positive social ties : positive reflect [Determination of Sentence] - the act of assaulting a police officer who is dissatisfied with the crackdown of drunk driving is very poor, and there is no room for the defendant's criminal record relation as well.

However, considering the fact that the degree of violence does not seem to be serious, and that the defendant recognized all the mistakes and shows the appearance of reflecting it, the execution of a sentence is somewhat somewhat complete, and the execution of a sentence is suspended on condition of social service.