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(영문) 대전지방법원 2017.01.26 2016고단3791

공무집행방해

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 12, 2016, at around 20:40, the Defendant: (a) placed a fighting at the street in front of 104, Seo-gu, Daejeon, Seo-gu, Daejeon, Seo-gu, Seoul Special Metropolitan City D shop 104, and (b) placed a fighting team F at the site after receiving a report of marital fighting, and (c) placed a fighting team with the E-gu, Busan Special Police Station E-gu, Seoul Special Metropolitan City F, stating that “the death or death is discarded” on both hand, and displayed the F face.

Accordingly, the defendant assaulted police officers to interfere with legitimate execution of duties concerning 112 reporting processing duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Arrest reports, such as interference with the performance of public duties;

1. A report on investigation;

1. The place where he works in the E District;

1. Application of the Acts and subordinate statutes to photographs of mobile phones which obstruct the performance of official duties, and to caps with video images;

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 Act on the Suspension of Execution (Article 62(1) of the Criminal Act (Article 62(1) of the Criminal Act (Article 62(1) of the Act) (Article 62(1) of the Act on the Suspension of Execution (Article 62(1) of the same Act provides that the Defendant’s act of assaulting a police officer who has committed the instant crime shall be deemed to be seriously against the Defendant’s will and correspondence to the victimized police officer, and deposited a certain amount of money to recover damage to the victimized police officer

Therefore, the criminal liability is heavy.

On October 13, 2011, the fact that the defendant had been sentenced to two years of suspension of execution on October by obstructing the performance of official duties at the Daejeon District Court on October 13, 201 that he was sentenced to imprisonment with prison labor for the following reasons: (a) the defendant’s age, sex, environment, motive, means and consequence of the crime; and (b) the conditions of all kinds of sentencing prescribed in Article 51 of the Criminal Act, including the circumstances before and after the crime, and the scope of the recommended sentence according to the sentencing guidelines of the Supreme Court, shall be selected by comprehensively taking into account the following factors: (c) the defendant’s age, sex, environment, motive of the crime