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(영문) 대전지방법원 2016.05.04 2016고단143
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 20, 2015, at around 00:41, the Defendant received a report that the case of assault was committed at a main station located in Daejeon Seo-gu Daejeon, Daejeon, and obstructed the police officer’s legitimate performance of duties concerning the receipt and handling of the report by assaulting the E and police officer, who was arrested by the police officer and the police officer F as the current offender of the D District belonging to the Daejeon Daejeon Police Station D and the police officer of the Daejeon Police Station, who was dispatched to the site and moved to the district.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to F, G, and H;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] shall interfere with the performance of public duties, and the basic area (from June to one year and four months) (the person who is subject to special sentencing] of the basic area;

2. Although the nature of the crime is inferior in light of the circumstances leading to the determination of the sentence, considering favorable circumstances, such as the fact that the defendant has recognized and reflected his mistake, and that there is no record of the same kind of punishment, the punishment as the order shall be determined by taking into account the defendant's age, sexual behavior, environment, etc., and all the sentencing conditions shown in the argument

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