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(영문) 대전지방법원 논산지원 2015.09.04 2015고단241
특수공무집행방해
Text

A defendant shall be punished by imprisonment for one year.

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 00:40 on April 19, 2015, the Defendant: (a) while drinking D and alcohol at “Cju” located in Seosan-si B; (b) upon receiving a report from D, the Defendant: (c) taken a bath to F of the E District F, called “influor, fluor, fluor, fluor, fluor, fluor,” and f of the E District f, called “influor, fluor, fluor, fluor, fluor, fluor, fluor, fluor, fluor, fluor, fluoring a dangerous object on the table; and (d) took fluor’s hand with a dangerous object such as fluoring a beer’s disease; and (d) interfered with the police officer’s legitimate performance of duties concerning the handling of the police officer’s 112 report.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The statement of F or G police officer;

1. Investigation reports (part of physical damage and attachment of photographs) prepared by the police, and the application of Acts and subordinate statutes accompanying such reports;

1. Relevant legal provisions concerning criminal facts, Articles 144(1) and 136(1) of the Criminal Act of the choice of punishment, and the choice of imprisonment;

2. Article 62 (1) of the Criminal Act;

3. Grounds for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.

1. Recommendations based on sentencing standards;

(a) The basic area of the first category of obstruction of performance of official duties (in the case of coercion of official duties) (6 months to 1 year and 4 months);

(b) Where the degree of assault, threat, and deceptive scheme is minor, / Where a person carries dangerous articles.

2. Even though the police officer clearly recognizes that he/she was performing his/her duties in uniform, the defendant who was sentenced to a sentence does not have an absolute illegality, such as assaulting a police officer, carrying dangerous objects as stated in its reasoning.

However, the fact that the defendant is opening up a crime and confessions, the fact that the defendant seems to have committed the above crime by drinking alcohol and contingently, the degree of violence seems to be relatively minor, and other circumstances shown in the arguments in this case, such as the age, character, conduct and environment of the defendant.

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