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(영문) 대전지방법원 서산지원 2015.04.08 2015고단34
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On December 31, 2014, at around 02:16, the Defendant reported vehicle theft in 112 by mistake that a vehicle parked by the Defendant was destroyed by a vehicle under the influence of alcohol in front of the “D pharmacy” located in Jin-si C, and had the Defendant drive the vehicle under the influence of alcohol in the vicinity thereof.

At around 02:40 on the same day, the Defendant: (a) discovered a stolen vehicle in the street near the F station located in Siljin-si; (b) refused to verify the driver; (c) abandoned the vehicle; (d) escaped; (c) Had the Defendant’s desire to sell the vehicle; (d) Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had

Summary of Evidence

1. Defendant's legal statement;

1. Statement of police statement made to H and I;

1. Notification of a department related to the reporting of G District Work Hours and 112 Incident;

1. Application of the photographic Acts and subordinate statutes;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Reasons for the sentencing of Article 62(1) of the Criminal Code of the Suspension of Execution [Scope of Recommendation] There is no basic area (6-1-1-4 months) of the obstruction of performance of official duties (6-1-1-4 months), [decision of sentence] The fact that the defendant gives a bath to police officers who are performing official duties while under the influence of alcohol and commits violence is disadvantageous to the defendant, and that the defendant is in depth of his mistake, and that there is no criminal record of the same kind of crime is favorable to the defendant.

In addition to the above circumstances, the sentence like the order shall be determined by comprehensively taking into account all the sentencing conditions shown in the records and arguments of this case.

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