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(영문) 대전지방법원 홍성지원 2017.09.01 2017고단440
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 May 20, 2017, the Defendant was able to avoid any disturbance by putting another person's house entrance door at around 16:36, the Defendant, while drunkd in a multi-household C Multi-household in Hong-gun, Hongsung-gun, Hongnam, and thus, the Defendant was able to control the Defendant, and the Defendant was able to notify the Defendant of the act of disturbance by drinking slope E as ordinary crimes.

The notification was made and the notification was intended to be issued.

Accordingly, the Defendant reported to other residents in the vicinity, and thus, the Defendant was in accordance with this fine.

They stated that they would die and thrown away the eggs, and that the slope E was unable to escape again, and the Defendant was prevented, and the sloping E was assaulted by both hand, such as sloping E’s chest.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the handling of reports and the maintenance of order by police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and G;

1. 112 Application of the Acts and subordinate statutes governing the table of reported case settlement;

1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The legitimate exercise of governmental authority by the State on the grounds of sentencing of Article 62(1) of the Criminal Act should be protected for the peace and security of all citizens, including the Defendant himself.

Nevertheless, the Defendant committed an insulting speech and behavior against a police officer who weared a uniform, thereby undermining the exercise of public authority and impairing the morale of police officers who perform his/her duty, and thus, the offense is bad.

However, considering the favorable circumstances, such as the fact that the defendant repents and reflects his mistake, the degree of assault is relatively minor, the fact that there is no criminal record of the same kind, and the fact that the damaged police officer submitted a petition claiming the defendant's preference, and the defendant deposited a certain amount to recover damage, it is ordered to take into account the defendant's age, sexual behavior, environment, etc., and taking into account all the sentencing conditions specified in the argument of this case.

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