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Reasons
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(영문) 대전지방법원 2015.05.22 2015고단798
공무집행방해
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A defendant shall be punished by imprisonment for four 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

On January 31, 2015, at around 00:57, the Defendant received a report that the Defendant did not pay the taxi expenses, and used the Defendant to pay the taxi expenses from the victim D, the police box belonging to the Daejeon Middle Police Station C, the police box belonging to the same patrol unit E, and requested the Defendant to return home, and used the victim’s face at one time by drinking, and assaulting the victim’s bridge at one time.

Accordingly, the defendant interfered with legitimate execution of duties concerning the maintenance of order of the victim and crime prevention affairs.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of statutes on photographs of damage;

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

2. Reasons for the sentencing of Article 62(1) of the Criminal Code of the Suspension of Execution [Decision of Punishment] : The reason for the sentencing of Article 62(1) of the Criminal Code - Where the degree of obstruction of performance of official duties is insignificant / [Special Convicts] - [Scope of Recommendation] / [General Convicts] - There is no record of criminal punishment / there is no record of criminal punishment / there is no record of criminal punishment / there is no record of positive violence, intimidation, and deceptive scheme - there is no record of criminal punishment where the degree of positive violence, intimidation, and deceptive scheme is minor : there is no record of criminal punishment - there is a clear and serious social relation - there is no record of criminal punishment : there is a clear and serious reflect of positive social relation / [Decision of Punishment ] that a defendant puts violence against a police officer on official duty, but it is inferior to recognize all mistakes, and it is against all errors before

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