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(영문) 대전지방법원 2015.07.24 2015고단1716
공무집행방해
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On April 3, 2014, the Defendant was sentenced to two years of imprisonment with prison labor for the crime of damage to public goods at Daejeon District Court on October, 2014, and the judgment becomes final and conclusive on April 11, 2014, and is still under probation.

On May 23, 2015, at around 19:50, the Defendant: (a) 112 reported that the Defendant was frighting around the Daejeon Pungdong basin C while drinking, and gave a bath to G police officers and patrol officers belonging to the Daejeon Mung Police Station E zone, the Daejeon Police Station E zone, who called to the site after receiving a report on the Defendant’s frighting the frighting, and attempted to walk the frighting to go to the patrol vehicle on which the said police officers boarded; (b) the Defendant assaulted the chest of the said F on two occasions.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers in relation to 112 reported handling duties.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to H and F;

1. Inquiry reports, and application of court rulings and statutes;

1. Where the applicable legal provisions on criminal facts, Article 136(1) of the Criminal Act on the choice of punishment, grounds for sentencing of sentence [the scope of recommendation] for the obstruction of performance of official duties, where the scope of mitigation area (1 to 8 months) [special mitigation] (special mitigation person] assault, intimidation, and deceptive scheme is minor, the defendant repeatedly committed the same offense during the period of suspension of execution due to the obstruction of official duties (decision of sentence], and there are many same forces, it is difficult for the defendant to avoid punishment.

However, it is more favorable to the fact that the defendant recognized all the facts of the crime and reflected, and the extent of the assault seems to be relatively minor.

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