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(영문) 대전지방법원 천안지원 2015.05.08 2015고단396
공무집행방해
Text

A defendant shall be punished by imprisonment for six 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

At around 15:50 on January 2, 2015, the Defendant assaulted F, a policeman belonging to the E zone of the Asia Police Station E zone, who was dispatched to the scene after receiving 112 reports on the cost of passage with a taxi article, on the ground that “I am, governance, snick, snick, police officer, snick, snick, snick, etc., even after the private stick,” and used both hands to read “F’s breast part in front of the office.”

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police officer on F;

1. Written statements prepared by G and H;

1. Application of video-related Acts and subordinate statutes to images of violence by field and damaged police officers;

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. The scope of applicable sentences under law: Imprisonment for one month to five years; and

2. Application of the sentencing criteria [Determination of types of the obstruction of the performance of official duties] The basic area of the obstruction of the performance of official duties (determination of the recommended area], six months to one year and four months.

3. Determination of sentence: Imprisonment with prison labor for six months, and imprisonment with prison labor for a police officer who conducts public duties in one year of suspended sentence, it is necessary to have the police officer take a bath and assault;

However, the defendant committed any contingent crime while under the influence of alcohol, and the degree of interference with execution of duties is relatively minor.

In addition, the defendant shows an attitude to recognize and reflect his mistake, and there is no criminal power even though he is old.

In consideration of these circumstances, the sentence of the same kind as the order shall be pronounced.

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