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(영문) 대전지방법원 서산지원 2016.02.16 2015고단874
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 November 4, 2015, the Defendant: (a) reported on November 4, 2015, 01:45, 112 that he was under the influence of alcohol before Seosan City; and (b) reported the Defendant as a drinking driver, and (c) made the Defendant mistake that he was under the control of the police officer; and (d) determined that he was under the control of the police officer.

Pursuant to the report, the report was made.

H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H.

The term "to hear the word of "I" means what I wish to do;

Is this sark sark, this sargue, which is a complaint to the test.

The term "inducing E", the act of assaulting the Defendant's ship, etc. to interfere with the legitimate execution of duties by police officers on public safety and maintenance of order.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to F and E;

1. Application of Acts and subordinate statutes to the on-site photographs and the table of 112 reported cases;

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. The defendant asserts that the defendant's assertion on the defendant's assertion of Article 62-2 of the Social Service Order Criminal Act is merely a contact between police officers E and the speech, and the defendant does not have to be a citizen E on his/her ship.

Comprehensively taking account of the above evidence, the Defendant misleads E to believe that he was dispatched to regulate himself, and thereby, mispercing E and ar, the Defendant was punished, and the Defendant continued verbal abuse and bathing to E despite his restraint, while continuing verbal abuse and abusive language to E, and the Defendant’s attacked the E’s ship by his own ship to contact with E.

According to the above facts of recognition, the defendant recognized that he was the police in the process of performing official duties, and committed violence against the part of E.

Therefore, the defendant's assertion is not accepted.

The reasons for sentencing [the scope of recommendations] Class 1 (Interference with the execution of official duties and coercion) shall interfere with the execution of official duties.

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