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(영문) 대전지방법원 홍성지원 2014.07.09 2014고단320
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On May 19, 2014, the Defendant, at around 12:11, who had a verbal dispute with D in front of the Chungcheongnam-gun Hong-gun, and was called up to 112, committed an assault on a slope F, who was called out by the police officer of the Chungcheongnam-gun Police Station E zone E zone, to “whether or not he will not come to her at once” against the police officer slope F, who was called out to have her home to her home to her home to her home to her face, with the left hand.

Accordingly, the defendant interfered with the legitimate execution of police officers' duties on the maintenance of public order.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Gutical Acts and subordinate statutes;

1. Determination of the type of punishment [the scope of punishment according to the sentencing guidelines] of Article 136 (1) of the Criminal Act and Article 136 (1) of the choice of punishment [the applicable law applicable to the crime of obstruction of performance of official duties, the scope of recommendation that the relevant person does not have any specific person: the basic area; the term of imprisonment with prison labor for not less than six months but not more than one year and not more than four months; the defendant, who has been punished by suspended execution and imprisonment for not more than six months, committed another crime of obstruction of performance of official duties; the defendant, who has been punished by suspended execution and imprisonment for not more than two times; the face of the police officer was not directly taken; however, the police officer's act of obstruction of performance of official duties by drinking, etc. was committed in his hand, and the act of obstruction of official duties by drinking, etc. has no choice but to affect the public peace and order through the maintenance of public order.

Therefore, the sentence of sentence is inevitable for the defendant.

However, the fact that the defendant's mistake is divided, and the police officer did not have any injury due to the assault of the defendant, considering the circumstances favorable to the defendant, and the age, character, conduct and family relationship, environment, and crime are committed.

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