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(영문) 대전지방법원 2018.05.16 2018고단944
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 January 14, 2018, the Defendant: (a) committed an assault on the part of the Defendant, on his hand, on the ground that the Defendant prevented the Defendant, who is a police officer C, D, and E, who is a police officer belonging to the police station B district of the Jung-gu Police Station B of the government police station called upon receiving a 112 report that he/she takes expenses for bus drivers at the same time at the time of the Government-si on January 14, 2018; (b) obstructed the above D from boarding a express bus; (c) obstructed the Defendant’s right shoulder; (d) sealed the chest part of the Defendant’s chest; and (e) assaulted the part of the above E’s left side buckbuckbbbbbbs where the Defendant took the face of such assault.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the handling of 112 reports.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D, E, or C;

1. A written statement;

1. Application of Acts and subordinate statutes for damage parts, on-site photographs, and investigation reporting materials;

1. Article 136 (1) of the Criminal Act applicable to the crime;

1. Formal concurrence and the choice of punishment under Articles 40 and 50 of the Criminal Act, the choice of punishment by imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on the observation of protection and attendance order;

1. The sentencing criteria [Scope of Recommendation] The basic area (from June to one year and six months) (special mitigation (special mitigation)] (where the degree of violence, intimidation, deceptive scheme, or interference with public duties is insignificant / Where there are many public officials who have suffered damage (one type)).

2. The sentence shall be pronounced as ordered in consideration of the favorable circumstances such as the fact that there exists no history of punishment except for the minor criminal records of a fine due to drinking driving in 2002, and the accused’s age, sex, environment, and circumstances after committing the crime, etc., and the various sentencing conditions specified in the records and arguments of the case;

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