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(영문) 대전지방법원 2016.07.25 2016고단1485
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On April 25, 2016, the Defendant: (a) around 22:47, on the street in front of Daejeon Daejeon-gu, Daejeon-gu, Daejeon-gu, and (b) reported 112 to E, who was a driver, while boarding a D taxi while drinking alcohol, and reported 112 to the driver.

While the Defendant listened to the details of the report against G police officer, the Defendant assaulted the police officer’s legitimate execution of duties concerning the handling of the 112 reported case, by committing assaulting the police officer’s booms, including Gman’s shots, “shots, shots, etc., which may be punished as a crime of damage to property,” on the following grounds: (a) the police officer was punished as a crime of damage to property; and (b) the police officer’s booms, “shots, shots, etc., on one occasion by drinking gman’s chest.”

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. E statements;

1. Application of statutes, such as photographs of victimized police officers;

1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act on the suspension of execution (the act of assaulting the police officer to perform public duties by taking custody of uniform) (the act of assaulting the police officer to perform public duties is deemed to interfere with public duties to be strictly executed, and the crime

In light of the circumstances unfavorable to the Defendant, etc., the Defendant appears to have committed the instant crime, the Defendant appears to have committed the instant crime in a contingent manner, the Defendant deposited a certain amount as compensation for damage to the police officer, and the Defendant has been sentenced to a fine once before and after a long time, etc., taking into account the following factors: (a) the Defendant’s age, sex, environment, motive, means and consequence of the instant crime; and (b) the conditions of all the sentencing prescribed in Article 51 of the Criminal Act, including the circumstances before and after the instant crime; and (c) the scope of recommended sentencing according to the sentencing guidelines of the Sentencing Committee.

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