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(영문) 대전지방법원 2019.02.08 2018고단2832

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 June 21, 2018, the Defendant was required to disclose personal information on the upper upper road in front of Daejeon, Daejeon, Daejeon, on the 21:20th day of Jun. 21, 2018, by reporting the 112 report to the effect that he abused the mouth, and was sent to the site by the Police Station C District of Daejeon, Daejeon, Police Station C District of Daejeon, which led the Defendant’s possession, and the police officer in front of the said police officer, and threatened the Defendant “water handk,” and “I am,” and “I am, you am knife, you am knife in a drinking-water, and they interfere with the police officer’s legitimate execution of duties concerning the handling of the 112 reported case, by assaulting the above police officer on five occasions the chest part of the chest of the said police officer.

Summary of Evidence

1. Partial statement of the defendant;

1. Witnesses D and E's respective legal statements;

1. Application of Acts and subordinate statutes to photographs of on-site damage, copies of work sites, 112 reports processing marks, investigation reports (Attachment to field photography images);

1. Article 136 (1) of the Criminal Act, the choice of imprisonment, and the applicable law of criminal facts;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and order to attend lectures;

1. The sentencing criteria [Scope of Recommendation] Where the degree of violence, intimidation, deceptive scheme, or obstruction of public duty is insignificant in the mitigation area (one month to eight months), the reduction area (special mitigation person), the reduction area (one month to eight months), the reduction area of the obstruction of performance of official duties;

2. The punishment shall be determined in the same way as the disposition, in consideration of favorable circumstances, such as the fact that the degree of assault and assault against the decision-making sentence is relatively weak, that there is no history of punishment exceeding the fine, and that the wife and children are supported; and