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(영문) 대전지방법원 논산지원 2018.10.12 2018고단309
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The Defendant, on June 2, 2018, at C main points in around 05:10, 2018, “for customers” at C main points in the Military Service B.

D. The police officer, who received 112 reports and received a request for confirmation of personal information from the slope E belonging to the D District E of the police station that gave him/her called “scambling, scam gue,” and the police officer’s performance of his/her duties concerning the handling of reports by the police officer on two occasions in drinking, thereby obstructing the police officer’s legitimate performance of duties concerning the handling of reports by the police officer.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and E;

1. A damaged photograph;

1. A report on investigation (Attachment of a medical certificate);

1. Application of Acts and subordinate statutes to a investigative report (to attach documentary evidence, video CDs and caps to photographs);

1. Relevant legal provisions on criminal facts, Article 136(1) of the Criminal Act on the selection of punishment, grounds for sentencing of imprisonment [the scope of recommended punishment] [the scope of punishment]] no person exists in the basic area (six months to one year and six months) (the person who is subject to special sentencing] (the decision of sentencing] (the decision of sentencing), and there are no criminal records of the same kind.

It did not have significant damage to police officers, and deposited KRW 80,000 for damaged police officers.

However, there are two cases where the defendant was sentenced to the suspension of the execution of imprisonment with prison labor for committing a crime in the state of drinking during the last five years.

It is no longer difficult to keep the offender in the first place even though he/she had an opportunity to change his/her wrong drinking habits within society, and re-offending during the period of suspension of execution.

In addition, in consideration of the defendant's age, sex, environment, degree of violence, circumstances after the crime, etc., the punishment as ordered shall be determined.

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