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(영문) 대전지방법원 논산지원 2015.10.02 2015고단272
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 May 20, 2015, the Defendant: (a) around 22:05, in front of the Solar apartment located in Seosan-si, Seosan-si; and (b) on May 20, 2015, the police slope C by the police officer slope C belonging to the Seosan-gu Police Station B zone, called upon receiving a traffic accident report, intends to arrest the Defendant’s type D as a flagrant offender for drinking driving, and (c) thrown away the Defendant’s impule death

Delegate bits

E. Untile, friencing cann't live, and must enter the room.

In doing the bath theory, “C’s flabbage with left hand, and took a attitude to flab B’s face with bad hand. The Defendant continued to stop this, “Chewing flabe” to the police officer E belonging to the same police officer E.

Is the police officer, I will die.

It is why why we have been driving, and why we have died.

"In doing so, E's chest was sealed while taking a bath, and the attitude to see E with drinking was taken.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the arrest of flagrant offenders.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The police statement of F, C, and E;

1. Application of Acts and subordinate statutes to notify departments related to the place of work and reporting 12 incidents;

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

3. Selection of sentence of alternative imprisonment;

4. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Recommendations based on sentencing standards;

(a) The basic area of the first category of obstruction of performance of official duties (in the case of coercion of official duties) (6 months to 1 year and 4 months);

(b) Where the degree of assault, threat, threat, and deceptive scheme is minor / Where many public officials are engaged in damage;

2. The Defendant, who was clearly aware that the police officer was performing his duties, committed a crime, and thus, the nature of such crime is less severe.

However, there is a defect that the defendant has committed a crime and led to confession, and that the police officer tried to arrest him/her together.

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