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(영문) 대전지방법원 2015.09.16 2015고단2442
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On July 8, 2015, around 22:30 on July 22, 2015, the Defendant complained against the Defendant’s operation “D” restaurant in Jung-gu, Daejeon, as well as the wife’s male problem, and committed noise to kill and kill the wounded, etc., from E in the circumstances where the Jung-gu Police Station affiliated with the Jung-gu Police Station called out after receiving 112 a report, and tried to remove the Defendant from E, “Ackhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh

Accordingly, the defendant interfered with legitimate execution of duties concerning the maintenance of police officers' order.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Application of Acts and subordinate statutes to photographs, copies of the work log of 112 patrolmen;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspended sentence [Scope of Recommendation]: Basic area of obstruction of performance of official duties (two months of imprisonment to one year and four months): No person shall be sentenced [decision of sentence] [Determination of sentence]: The fact that the nature of the crime in light of the content, attitude, etc. of the crime in this case is disadvantageous to the defendant.

On the other hand, the fact that the defendant is recognized as committing the crime of this case, the defendant seems to have committed the crime of this case in a state of universal exploitation, the fact that there is no record of other criminal punishment in addition to the punishment of a fine once due to the crime of this type, and that the defendant has faithfully supported his children who are elementary school students and their wife is favorable to the defendant.

In this context, all the sentencing conditions, including the circumstances after the crime, age, occupation, character and conduct, environment, etc., shall be comprehensively considered, and the punishment shall be determined as ordered in consideration of the recommended sentences according to the sentencing guidelines of the Supreme Court.

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