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(영문) 대전지방법원 홍성지원 2015.03.27 2014고단633
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 21:30 on October 16, 2014, the Defendant: (a) assaulted the said D restaurant business proprietor E before the D restaurant located in Boan-si, and received 112 a report; (b) was notified by G of the violation of the Punishment of Minor Offenses Act due to the lacary urology from G during the police box of the Yannam Police Station, which called the Defendant, of the notification to the said G; and (c) the said G, who received the notification of the notification of the violation of the Act on the Punishment of Minor Offenses due to lacary urology, and said G, “this breath, cut down, and this breath. our punishment is the head of the Seoul National Police Agency.” The Defendant expressed that the Defendant was from the Republic of Korea: (a) at least three times to drinking the said G.

Accordingly, the above G attempted to arrest the defendant as a flagrant offender of the obstruction of performance of official duties, and the defendant took one time the face of the above G.

Accordingly, the defendant interfered with the legitimate execution of police officers' duties concerning the maintenance of order and arrest of flagrant offenders.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 136 (1) of the Criminal Act applicable to the crimes;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for the sentencing of Article 62-2 of the Criminal Act on Probation and Social Service Order [Scope of Recommendation] There is no person who has a basic area (finite of obstruction of performance of official duties and coercion of duties) [Article 62-2] [Article 62 of the Criminal Act] [Article 62-2] [Article 8 of the Criminal Act] [Article 8 of the Punishment of Sentence] [Article 8 of the Punishment of Sentence; Article 2 of the Suspension of Execution 2 of the Punishment Act requires strict punishment for the crime of obstruction of official duties in order to establish the legal order of the State and eradicate the light of public authority; however, there is no criminal conviction for the defendant; Article 62-2 of the Punishment of Probation and Social Service Order; the defendant's age, character and behavior, environment, motive and circumstance of the crime

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