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(영문) 대전지방법원 서산지원 2014.11.27 2014고단795
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 14, 2014, at around 18:25, the Defendant assaulted the police officer’s legitimate execution of duties concerning the handling of the 112 reported case by the police officer, on the grounds that the Defendant was the victim of the assaulted “Dju” operated by the “Dju”, who was in the Seosan-si B, and the F of the E Zone at the Seosan Police Station E zone, and the Defendant was prevented from wearing the f’s chest by hand, pushed the f’s chest, walking the boat, and walking the boat on the f’s drinking, and was at the time of drinking the F’s drinking.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes on the spot and damaged photographs;

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. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] There is no person who has the basic sphere (6-1-1-4 months) of the obstruction of performance of official duties (6-1-1-4 months) [decision of sentence] The crime quality is not good, such as: (a) the defendant takes a bath to a police officer who was sent to the police officer who was sent to the police officer who was under the influence of alcohol, and exercises violence; and (b) the defendant has a criminal record for two times of violence-related crimes, which is disadvantageous to the defendant; and (c) the defendant is favorable to the defendant.

In addition to the above circumstances, 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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