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(영문) 대전지방법원 2015.05.15 2015고단177
공무집행방해등
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

1. On October 8, 2014, the Defendant publicly insultingd the victim, such as “at the Diplomatic Parking Lot,” “At the Diplomatic Parking Lot,” 112 reported by the 112 victim, who was called out after having been reported by the 10th executive member of the Daejeon Western Police Station E District E District, on the ground that the Defendant demanded the Defendant to present his/her identification card and confirmed his/her personal information, the Defendant’s sexual intercourse with approximately 12 persons, including G, who were sent to the church head, during the period around 12 persons, including G, to the church head of the church.”

2. On October 8, 2014, the Defendant continued to engage in the performance of official duties at the instant D church parking lot, such as the foregoing, and obstructed a police official’s legitimate performance of duties concerning the arrest of flagrant offenders by having the victim’s face with his/her head, who had a defect in his/her head to arrest the Defendant as a flagrant offender and let him/her board the patrol vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to police statements made to F and G;

1. Relevant Article 311 of the Criminal Act, Article 136 (1) of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

2. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

3. Reasons for the sentencing of Article 62(1) of the Criminal Act on the suspension of execution [the decision of the sentence] Article 62(1) of the Criminal Act on the grounds for the obstruction of performance of official duties [the scope of the punishment of the recommendation] [the scope of the punishment] six months to one year and four months (the basic area] applicable provisions of the Acts: the statutory punishment of Article 136(1) of the Criminal Act: one month to five years [the suspension of execution] - The affirmative social relation is obvious, and the sentencing guidelines are observed only by the lower limit.

Punishment shall be determined as ordered in consideration of the criminal record of the defendant, the criminal relation of the victim police officer, the fact that a certain amount has been deposited with the victim police officer, and the economic situation is difficult.

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