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(영문) 대전지방법원 천안지원 2017.04.20 2017고단451
공무집행방해
Text

A defendant shall be punished by imprisonment for six 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 December 26, 2016, at around 12:50, the Defendant: (a) committed an assault against the said C, and (b) committed an assault against the Defendant E at the D cafeteria operated in Southern-gu, Southern-gu; and (c) was investigated by the slope G affiliated with the F Station in the Donannam Police Station F Station, the Defendant called for 112 after having received the said report; (d) took off the head of the said G in his hand, she laid off the slicker reported by the Defendant without any justifiable reason; and (e) took off the slicker attached to the right shoulder of the said G in his hand.

Accordingly, the Defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. C Prosecution's written statements;

1. Each police police letter of H and I;

1. Making a report on internal investigation (Interference with violence and performance of official duties);

1. Application of statutes on site photographs;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Code of the Order to Attend the lecture [the scope of the recommended sentence] There is no person [the person who has been subject to special sentencing] in the basic area (6 months to 1 year and 6 months) of the first type of the order to interfere with the performance of official duties [the decision of sentence] [the defendant has committed the crime of interference with the performance of official duties in this case even though he had been committed several times of violence]. The circumstances favorable to the defendant who committed the crime of interference with the execution of official duties in this case: the defendant's mistake is recognized and against the defendant; there is no record of criminal punishment exceeding the fine; the above circumstances include the defendant's age, sexual behavior, motive and means of the crime, and the circumstances after the crime, etc., the punishment shall be determined as ordered

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