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(영문) 대전지방법원 논산지원 2015.10.02 2015고단358
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 26, 2015, around 00:24, the Defendant was voluntarily carried out and moved to C with the police officer slopeD belonging to the Seosan Police Station C District, which was called after receiving a report of the same kind of dispute with the dynamics of the above drinking house, at the drinking house located in Seosan City B.

On June 26, 2015, around 00:30 on June 26, 2015, the Defendant: (a) voluntarily accompanied the C District E in Seosan-si; and (b) D, without any reason to ask for personal information, went with D’s eye by hand.

Accordingly, the defendant interfered with the legitimate performance of duties by police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement made by the police with regard to F and D;

1. Photographs explanation;

1. Application of Acts and subordinate statutes to investigation reports (at the time of withdrawal and arrest, etc.) prepared by police officers;

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

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

3. Grounds for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.

1. Recommendations based on sentencing standards;

(a) The basic area of the first category of obstruction of performance of official duties (in the case of coercion of performance of official duties) (6 months to 1 year and 4 months);

(b) No special person;

2. The Defendant, who was sentenced to a sentence, assaults a police officer who works in uniform in a district belt, and the nature of the offense is not that of the police officer, as stated in its reasoning;

However, the fact that the defendant is divided and led to a confession of a crime, although the defendant does not reach the state of mental or physical disability, the defendant seems to have committed the above crime by drinking alcohol, there is no criminal punishment due to the obstruction of performance of official duties, and other circumstances shown in the arguments of this case, such as the age, character and behavior, character and environment of the defendant, etc., shall be determined as the same as the order.

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