(영문) 대전지방법원 천안지원 2015.07.17 2015고단856

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대전지방법원 천안지원 2015.07.17 2015고단856

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

At around 21:50 on April 16, 2015, the Defendant: (a) expressed a bath while drunk C, a police officer belonging to the ASEAN Police Station B district unit, where he was performing the affairs of traffic accident in the course of handling the traffic accident case, and expressed a bath to C, who was under the influence of alcohol, on the following grounds: (b) the Defendant used the said C’s chest in three fast and breath of dub; and (c) assaulted C, who was under the influence of alcohol on the road: (a) the police officer who was in charge of handling the traffic accident case.

Accordingly, the defendant interfered with legitimate execution of duties by police officers on traffic accident handling cases.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police in relation to C and D;

1. Application of statutes on images of on-site photographs;

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. Application of the sentencing criteria [Determination of the type of the obstruction of the performance of official duties] The basic area of the first category of the obstruction of the performance of official duties (determination of the recommended area), and six months to one year and four months; and

2. Determination of sentence: A sentence of imprisonment with prison labor for six months and one year under a suspended sentence shall be imposed on the accused for the same kind of crime under the unfavorable circumstances or under the influence of alcohol, and a contingent crime was committed under the influence of alcohol, and a mistake was found in the course of an investigation, and the victimized police officer was punished by a fine so far, and there are also favorable circumstances such as only the ability to punish

참조조문

-형법 제62조 제1항

-형법 제136조 제1항

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