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(영문) 대전지방법원 서산지원 2017.06.09 2017고단279
공무집행방해
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On 04. 06. 23:56 around 2017, the Defendant: (a) reported by 112 the Defendant’s Republic of Korea within 6 503 Dong-si, Jin-si, Jin-si, B apartment No. 6, 503; and (b) reported by 112, the police officer assigned to the police box of the Jin-si Police Station D in order to grasp the circumstances of the report; and (c) the police officer’s defect in order to identify the circumstances of the report, “Nin-si, Nin-si, Nin-si, Nin-

C. “Before the death of the spath and spath spath,” the spath of the spath, “Before the death of the spath of the spath,” the spath of the spath of the police officer, carried the spath of the spath of the spath and spath of the spath of the spath and spath of the spath of the F.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on criminal investigation and handling of 112 reported cases.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to F and E;

1. Application of the Act and subordinate statutes to serve as a video CD, 112 reported case processing box, and D police box;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. As to the Defendant’s assertion of Article 62(1) of the suspended sentence under the Criminal Act, the Defendant asserted that he was in a state of mental or physical weakness or mental loss by drinking alcohol at the time of the instant crime. Thus, according to the records, the Defendant is deemed to have drinking alcohol at the time of the instant crime, but in full view of the circumstances such as the background and result of the instant case, the Defendant’s behavior before and after the instant crime, it cannot be deemed that the Defendant did not have or lacks the ability to discern things or make decisions, and thus, the above assertion cannot be accepted.

Although there are criminal records having the same kind of reason for sentencing, and the nature of the crime is not weak due to the use of violence while breathing the police officer who is performing legitimate official duties, the degree of violence is not relatively more severe, and there is no history of punishment exceeding the fine.

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