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(영문) 대전지방법원 서산지원 2017.10.19 2017고단727
공무집행방해
Text

1. The punishment of the defendant shall be determined by six months;

2.Provided, That the above punishment shall be imposed for a period of two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

The Defendant, at around 00:50 on July 18, 2017, received a report from the police officer E belonging to the police station D branch of the Jin-gu Police Station, who was called out after receiving a report that there was a disturbance of happiness on the street in front of the “C main shop” around 00:50, and received a recommendation from the Defendant to return home from the police officer E belonging to the D branch of the police station who called out.

D. D. They must grow up in the manner of the bonding.

“The police officer’s chest was tightly pushed down by hand, and could have been arrested by the police officer due to interference with the performance of official duties.

In spite of the receipt of the notification, the lower court made the chest of the police officer one time by hand.

Accordingly, the defendant interfered with legitimate execution of duties concerning the prevention, suppression and investigation of police officers' crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Police statements made to E and F;

1. Application of the G’s written Acts and subordinate statutes;

1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense, Article 136 (1) of the Criminal Act concerning the selection of punishment, and the choice of imprisonment;

1. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspension of execution [the scope of recommendation] The basic area (from June to January 1, 200) of Article 62(1) of the Act on the Suspension of Execution of Official Duties (the decision of sentence] / The crime of this case was committed by assaulting a police officer in the course of performing official duties. However, the defendant's age, sex, environment, background, means and consequence of the crime, etc. are to be taken by taking into account all the sentencing conditions, such as the defendant's age, sex, environment, circumstances of the crime, means and result, etc., and the sentence as set forth in the Disposition.

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