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(영문) 대전지방법원 홍성지원 2015.10.16 2015고단728
공무집행방해
Text

Defendants shall be punished by imprisonment for six months.

Provided, That each of the above punishments shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 6, 2015, at around 23:10 on May 6, 2015, the Defendants reported a disturbance of 112 alcohol in the drinking house in the Hongsung-gun D District District, and met only the Defendants and the police officers who called the D District. However, Defendant A appeared about 3:4 times for conference.

On the other hand, it seems that the process E of the Chungcheong Red Police Station, which recommended the person to return home continuously, expressed that the person wishes to kill in his hand at her hand, and display a fat, approximately 4-6 times of drinking, and Defendant B assaulted the above D Zone entrance by setting up the entrance of the said D Zone and cutting off the entrance of the 3 to 4 times of walking, shaking, and cutting off the above E.

As a result, the Defendants conspired to interfere with the legitimate performance of duties by police officers.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of Acts and subordinate statutes on police statement to E;

1. Defendants of relevant criminal facts: Articles 136 (1) and 30 of the Criminal Act;

1. Defendants on probation: Article 62(1) of the Criminal Act

1. The Defendants of the community service order: The reasons for the sentencing of Article 62-2 of the Criminal Act [Scope of Recommendation] [No person engaged in the obstruction of performance of official duties] [Judgment of sentence] 6 months of imprisonment, 2 years of suspended execution, the Defendants’ confession against and confessions, 3 years of suspended execution, the Defendants’ age, character and conduct, environment, motive and circumstance of the crime, etc., and all the conditions of the sentencing specified in the records and arguments of this case, including the following circumstances: the Defendants’ age, character and behavior, environment, motive and circumstance of the crime, etc., shall be comprehensively considered.

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