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(영문) 대전지방법원 2017.11.02 2017고단2641
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 8, 2017, the Defendant: (a) in front of the agency of Daejeon Daejeon Daejeon Daejeon Daejeon, the Defendant used a drunk male in front of the agency; (b) was asked questions about personal information from the circumstances E ( South, age 45) belonging to the Daejeon Daejeon Police Station D District, which was called upon 112, and obstructed the police officer’s legitimate execution of duties concerning the handling of reported cases, by assaulting the police officer’s 112.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A report on investigation;

1. A duplicate of the work site in the D District;

1. 112 Notification to a department related to the report of the case;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act (Article 62 (1) of the Suspension of Execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (Article 62 of the Criminal Act), such as the fact that the defendant is the time of and against the crime of this case, the fact that the defendant appears to have committed the crime of this case by force, and the fact that the defendant deposited a certain amount of money for the victimized police officers, etc.) is favorable to the defendant;

It can be seen that the defendant did not agree with the victimized police officer, that the victimized police officer wants to punish the defendant, that the defendant was punished for the same kind and a different kind of crime, and that the defendant was punished for several times (suspension of execution and fine), etc. are disadvantageous to the defendant, according to the circumstances unfavorable to the defendant, such as the defendant's age, sex, environment, motive, means and consequence of the crime, and the conditions of all kinds of sentencing prescribed in Article 51 of the Criminal Act and the sentencing guidelines of the Supreme Court on the crime that interfered with the execution of official duties.

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