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(영문) 대전지방법원 2016.10.25 2016고단2463
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 4, 2016, at around 01:15, the Defendant: (a) was under influence of alcohol on the street of the Seo-gu Daejeon District Office, Seo-gu, Daejeon; (b) “A person under influence of drinking on the street, who is dangerous on India and on the roadway,” was reported and sent to the site, and was recommended to return home from the slope E of the Daejeon Seo-gu Police Station, Daejeon, who was called to the site, and was under the influence of drinking; (c) was threatening to “Chewing ...............................”, the Defendant took a desire to “Chewing ...........” while the Defendant was under the influence of drinking on the street of the building, and obstructed the proper performance of public duties for treating civil petitions by police officials by assaulting the above E’s left head on one occasion.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to E by the police station;

1. A written statement;

1. Application of the Acts and subordinate statutes governing the arrest and report of the case of obstruction of performance of official duties, investigation report, service log of a police box, and 112 case handling records;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] The sentence shall be determined as per the order, comprehensively taking into account the following factors: (a) there is no basic area (6 to 1 year and 4 months) of the obstruction of performance of official duties; (b) there is no basic area (6 to 1 year and 4 months); (c) the degree of violence against police officers; (d) the defendant is against the police officer; (e) there is no criminal history against the defendant; and (e) the circumstances leading to the instant crime; (e) the defendant’

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