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(영문) 대전지방법원 천안지원 2016.08.04 2016고단868
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than three months.

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

Reasons

Punishment of the crime

On May 29, 2016, around 21:55, the Defendant: (a) received 112 report from a restaurant in Seo-gu B and 2, Seocheon-gu, Seocheon-gu, Seocheon-gu; and (b) requested the Defendant to return home to the Defendant, the circumstances surrounding the position of the D District Unit of the Seocheonan Police Station D, Seocheon-gu, Seocheon-gu, Seocheon-gu, which called the Defendant, “n't have to go to the Defendant,” and “n't have to go to the Defendant.”

Accordingly, the defendant interfered with the legitimate execution of duties by police officers concerning the 112 case handling affairs.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police for E;

1. Application of the F and G respective Acts and subordinate statutes;

1. Article 136 (1) of the Criminal Act, and the choice of punishment for the crime;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the Order to Attend Education [Type Decision] : In the event that the degree of violence, intimidation, and deceptive scheme is insignificant (a person who interferes with the performance of official duties and coercion of duties) - [a person who is subject to special sentencing] the mitigation area / [a decision in the sphere of recommendation] the mitigation area / [a decision in the sphere of recommendation] January to August / [a scope of punishment] applicable statutory provisions: Article 136(1) of the Criminal Act; Article 136(1) of the Criminal Act; Article 136(5) of the statutory punishment : (a) one month to five years [a stay of execution] if the degree of positive assault, intimidation, and deceptive scheme is minor, there are no grounds for criminal punishment - General consideration: A positive reflection [a decision in the above sentencing].

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