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(영문) 대전지방법원 2015.08.05 2015고단1217
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

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

On March 29, 2015, at the D restaurant located in Daejeon-gu Daejeon-gu, Daejeon-gu, on the 1112 report, the Defendant: (a) left the slope F (40) belonging to the Daejeon Dong Police Station E-gu, Daejeon-dong, Daejeon-gu, Seoul-gu, and called the Defendant, who was on the ground that the Defendant was able to have her home home shot off, left the stringer; (b) her hand f’s arms, shoulder parts, etc.; (c) her hand f’s arms, shoulder parts, etc.; and (d) her hand f’s arms and f’s arms were f’s shouldered by hand; and (d) f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’

Accordingly, the defendant interfered with the legitimate execution of police officers' duties related to 112 reporting processing affairs.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A report on investigation;

1. Place of service;

1. Application of Acts and subordinate statutes to photographs of victims;

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 (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Application of the sentencing guidelines [Determination of type] Crimes of Obstruction of Performance of Official Duties, obstruction of performance of official duties, Type 1 (Obstruction of Performance of Official Duties/Performance of Duties) (Special Convicts) (the scope of recommending area and recommendation), basic area of punishment, six months to one year and four months;

2. The crime of this case, which is determined to be sentenced, is a crime of obstruction of the performance of official duties by assaulting a police officer who lawfully performs official duties, and the nature of the crime is not good, and the defendant has the power to be punished for the same kind of crime, etc. However, the defendant cannot be punished somewhat, considering the fact that the defendant is divided into and against the crime, that the defendant has no criminal record of suspension of execution or more, and that the defendant has no criminal record of suspension of execution or more, the punishment shall be determined as ordered in consideration of all the sentencing conditions indicated in the records of this case, such as

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