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(영문) 대전지방법원 서산지원 2016.10.11 2016고단584
공무집행방해
Text

1. The punishment of the defendant shall be six months;

2. Provided, That the above sentence shall be executed for one year from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

At around 00:30 on July 1, 2016, the Defendant: (a) asked the police officer E belonging to the police station D district unit of the Jinjin Police Station, who was called upon 112 a report, to “I wish to guide and guide the drinking value;” and (b) took a bath to “Iskin” under the influence of alcohol, while under the influence of alcohol, the Defendant took a bath to “Iskin” the breast part of E’s breast part of E, which was tightly pushed up twice.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in relation to the prevention, suppression and investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. A written statement;

1. Damage photographs;

1. Application of the 112 Reporting List, the D District Work Hours Act and subordinate statutes;

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

1. The reason for the sentencing of Article 62(1) of the Criminal Act on the suspended sentence [Scope of Recommendation] The basic area of obstruction of the performance of official duties (6-1-4 months) (the decision of sentence] / The crime of this case is not easy to say that the police officers performing official duties were assaulted. However, considering all kinds of sentencing conditions such as the defendant's age, character and conduct, environment, circumstances of the crime, means and consequence, etc., the sentence shall be taken only once, and the sentence shall be determined as per the order.

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