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(영문) 대전지방법원 공주지원 2017.07.14 2017고단147
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 20, 2017, the Defendant: (a) at the main point of “C” located in “C” located in “A” in “A” at the Sinju City on April 20, 2017; and (b) at the 112-report, “A person who takes charge of the main place is incidental to the main place”, the police officer, who was called upon receipt of a 112 report and controlled the Defendant; and (c) the police officer E, who was called the police officer, attempted to bring into

“Bluely sound, the face of E was blue one time with blue and blue the blue of E by hand.

Accordingly, the defendant interfered with the legitimate performance of public duties by police officers on the maintenance of public peace and order.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Each police statement made in relation to F, E, and G;

1. A list of reports on investigation (the details of arrest) and the list of reported cases;

1. Application of Acts and subordinate statutes to a photograph, a black stuff image;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act / [the scope of recommended punishment] There is no basic area (six months to one year and six months) [the person subject to special sentencing] [the decision of sentence] Defendant interfered with the performance of official duties by exercising violence against police officials, and choice of imprisonment due to poor nature of the crime.

However, it shall be taken into consideration the fact that the defendant is led to confession and is in depth.

In this context, the defendant's age, sex, family environment, background of the crime, and circumstances after the crime are considered, and the punishment is determined as ordered.

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