(영문) 대전지방법원 천안지원 2015.10.27 2015고단1358

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대전지방법원 천안지원 2015.10.27 2015고단1358

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On June 20, 2015, at around 21:30, the Defendant was under the influence of alcohol at “C cafeterias located in Western-gu B, Western-gu, Seocheon-gu.” On June 20, 2015, E, who was dispatched after receiving 112 reports, was placed in the patrol vehicle to take measures for returning the Defendant to the Defendant’s residence.

At around 22:10 on the same day, the Defendant assaulted the Defendant, such as: (a) leaving the Defendant from the patrol car in the vicinity of the Defendant’s residence in the Westbuk-gu, Seocheon-gu; (b) cutting down the epic of the epic; (c) cutting off the epic; and (d) cutting off and unleashing the epic of a

Accordingly, the defendant interfered with the legitimate performance of duties by police officers on the protection of victims of relief.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of statutes on photographs of damage;

1. Relevant Articles of the Criminal Act and Article 136 (1) of the Criminal Act concerning the crime. Article 136 (Selection of Imprisonment or Imprisonment);

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The sentencing criteria [Scope of Recommendation] The basic area (six months to one year and four months) of the obstruction of performance of official duties shall be the category 1 (the obstruction of performance of official duties and the coercion of official duties).

2. Prior to the determination of sentence, the sentence shall be determined as ordered in full view of the following circumstances: (a) the major circumstances as seen earlier prior to the determination of sentence; (b) the background and motive leading up to the defendant to the crime; (c) the means and method of the crime; (d) the circumstances before and after the crime; and

참조조문

-형법 제62조 제1항

-형법 제62조의2

-형법 제136조 제1항

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