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(영문) 대전지방법원 서산지원 2015.11.13 2015고단776
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight 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

At around 00:30 on September 19, 2015, the Defendant: (a) was frightened from “Eju” located in Chungcheongnam-si, Chungcheongnam-si; (b) was frightened from “Eju”, an employee; and (c) was frightened from “Eju-si; and (d) was frightened from “Eju-si”; (b) reported at the entrance of the above Eju-si, 01:30 on the same day, the Defendant was frighted from “H” to “F”; (c) discovered that the circumstances leading up to the Seosan Police Station G District at the site of the above Eju-si and dispatched to the said site after receiving a report of 112; and (d) took a h’s fright to not grasp the instant case.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning the prevention, suppression and investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of police statement made to F and H;

1. Application of statutes on photographs of damage;

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] The reason for sentencing of Article 62-2 of the same Act / [No person engaged in the obstruction of performance of official duties] is that there is no person who has a basic sphere (6 to 1 year and 4 months) / [decision of sentence] / The defendant's wrongness is more favorable. It is not good that the crime is committed, even though there was a record of punishment for obstruction of performance of official duties, etc., even though there was no agreement with the victim, and there was no specific effort to recover damage.

In addition, 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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