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(영문) 대전지방법원 홍성지원 2015.01.14 2014고단620

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 September 18, 2014, the Defendant issued a penalty payment notice, which was issued by the police box of the Bosna Police Station C, which was located in B at the Bosna City of Bosa, on September 20, 2014, and had a sound to the person who was only after the delivery of a box of the police box.

Accordingly, the police officer assigned the above police box was able to carry the above D by hand, and the police officer assigned to the above police box tried to carry the Defendant’s scambling in a video image, and when the police officer assigned to the above police box tried to carry the Defendant’s scambling, the police officer committed an assault, such as gathering the suspect who was posted in the above police box, and taking the said scam to the above E

Accordingly, the defendant interfered with the legitimate execution of duties by police officers in relation to the prevention, suppression and investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of the photographic Acts and subordinate statutes;

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

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

1. The reasons for sentencing under Article 62-2 of the Criminal Act on Probation and Social Service Order [the scope of the sentencing guidelines under the law] The types of punishment shall be determined by imprisonment with prison labor for not less than one month but not more than five years (the scope of the sentencing guidelines): The recommended field and the scope of the recommended field where the degree of assault is insignificant (a mitigation element): the mitigated area; imprisonment with prison labor for not less than one month and not more than eight months (the decision of the sentenced sentence]; imprisonment for not less than six months; imprisonment for not more than six months and not more than eight months (the decision of the sentenced sentence]; the defendant for two years under the suspended sentence committed a second offense while he was sentenced to a fine during the suspended sentence; imprisonment with prison labor; imprisonment with prison labor for not less than two years; imprisonment with prison labor for not more than a police officer to gather the suspect; if the police officer did not restrain him, the more serious

However, the defendant confessions all of the crimes of this case and repents his mistake, the degree of violence is minor, and the defendant's wife is somewhat contingent while drinking.