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(영문) 대전지방법원 천안지원 2015.05.18 2014고단1800
공무집행방해
Text

A defendant shall be punished by imprisonment for four 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

At around 01:00 on October 12, 2014, the Defendant: (a) obstructed a 'D restaurant' located in Seo-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu; (b) 112 report was received; and (c) obstructed a horse from F, a horse belonging to the E-gu, the Gyeongan Police Station in the Yanananbuk-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu; (b) obstructed the Defendant by walking the F, “I am home-to-day after early eating,” who was sent to the site, with the desire to take a bath.”

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Application of the G’s written Acts and subordinate statutes;

1. Relevant Article 136 (1) of the Criminal Act concerning the facts constituting an offense, the choice of punishment, and imprisonment;

1. Article 62 (1) of the Criminal Act;

1. The reason for the sentencing of Article 62-2 of the Criminal Act on Probation and Order to Attend Education [Scope of Recommendation] Where the scope of mitigation area (i.e., obstruction of performance of official duties or coercion of duties) (i.e., January or August) [Special Mitigation] assault, intimidation, and deceptive scheme is minor (i.e., the decision of sentence] despite the record of being punished several times of fines including the same crime, the crime of this case is committed; however, considering the fact that the degree of assault is relatively minor and contradictory to the degree of assault.

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