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(영문) 대전지방법원 2017.01.25 2016고단3845

공무집행방해

Text

A defendant shall be punished by imprisonment for not less than eight 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 August 11, 2016, the Defendant was a taxi engineer in front of the Daejeon Daejeon registry office located in the area of Daejeon, Daejeon, Daejeon, Daejeon on August 23:50, 2016, and the Defendant was sent to the said area by C, the Inspector E, the police officer of the Daejeon District Police Station, who belongs to the Daejeon District Police Station, was called to the said area.

The defendant recommended the above defendant to pay the taxi fee and return home in an appropriate manner, and the defendant expressed the defendant's desire to "Choe gue gue gue gue", and expressed his face two times in drinking, with the hand floor, and interfered with police officers' legitimate execution of duties concerning the prevention and control of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of C’s written laws and regulations

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. An unfavorable circumstance is that the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is poor, the fact that the injured police officer did not receive a letter of confinement, and that there was a record of punishment of a fine for the same kind of crime.

However, considering the fact that the crimes are divided and reflected, the fact that there is no criminal record of the suspension of execution or more, etc., the punishment as ordered shall be determined in consideration of the age, sexual behavior, environment, etc. of the defendant in the arguments of this case.