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(영문) 대전지방법원 서산지원 2015.05.13 2015고단130
공무집행방해
Text

A defendant shall be punished by imprisonment for six 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 01:29 on January 13, 2015, the Defendant: (a) sought to return home from F of the police box belonging to the Chungcheongnam-gu Police Station Embridge, Chungcheongnam-gu, Busan Police Station Emba that was called for, without paying the alcohol value; (b) sought to return home from F of the police box belonging to the police box belonging to the Taenam-gu Police Station Emba that was called for, and used to commit assault by, the Defendant, by hand, such as: (c) having pushed the shoulder of the said F, sealed the shoulder, booming it by hand; and (d) continuously drinking the head of the said F once.

Accordingly, the defendant interfered with legitimate execution of duties concerning the dispatch of police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement-related Acts and subordinate statutes to F;

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

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

1. The reason for sentencing of Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] There is no person who has the basic sphere (6-1-1-4 months) of the obstruction of performance of official duties (6-1-1-4 months) [decision of sentence] The crime is not good, such as: (a) the defendant takes a bath to a police officer who was sent to the police officer who was sent to the police officer who was under the influence of alcohol, and exercises violence; and (b) the defendant has a record of punishment four times for violent crimes, which is disadvantageous to the defendant; and (c) the defendant reflects his mistake.

In addition to the above circumstances, the sentence like the order shall be determined by comprehensively taking into account all the sentencing conditions shown in the records and arguments of this case.

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