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(영문) 대전지방법원 천안지원 2014.07.10 2014고단643
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 February 19, 2014, at around 01:28, the Defendant, in front of the Defendant’s residence located in Seo-gu B apartment B apartment 203 Dong 1201, the Defendant, on the ground that the victim D (the age of 26) who was a policeman affiliated with the Defendant’s drinking house and domestic violence, seeks to listen to the Defendant’s family’s family’s statement about the circumstances of the case, and intending to enter into the house, the Defendant, on the following grounds: (a) 19, on the ground that the Defendant’s drinking house and the victim D (the age of 26) who was called up after receiving a report on the Defendant’s disturbance and domestic violence, she sawd the victim’s eropoch.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the handling of 112 reported duties by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to copies of the register of receipt of violence victim photographs and 112 reports;

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 (including the fact that he/she repents wrongs in depth);

1. The crime of this case for the reason of sentencing under Article 62-2 of the Criminal Act on probation and community service order should be strictly punished in cases where the police officer wearing her uniform uses directly tangible power, but there is no record of punishment heavier than the fine yet, the defendant may be physically punished in cases of violence against the defendant, together with the fact that the defendant's body is against his/her depth, and the defendant's wife has a previous record of refusal of drinking alcohol measurement, and the defendant's wife is leading and leading the defendant's body. In light of the above, the punishment of this case shall be determined as ordered.

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