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(영문) 대전지방법원 2018.09.19 2018고단2288
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 July 5, 2018, the Defendant assaulted “D” restaurant located in Daejeon-gu Daejeon-gu, Daejeon-gu, Daejeon-gu, on the 112 report and obstructed the police officer’s legitimate performance of duties related to the handling of 112 reports by assaulting “D” slope F belonging to the Daejeon-dong Police Station E, Daejeon-gu, Seoul-dong Police Station E, who called to the site after receiving a report on 112, for the following reasons: (a) the Defendant paid food at the end of business hours; (b) took a bath; and (c) took a part of the left face of the said F, one time to drink; and (d) obstructed the police officer’s legitimate performance of duties related to the handling of 112 reports.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to F and a G statement;

1. Application of Acts and subordinate statutes to the notification of damage photo, 112 reported case;

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

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

1. The execution of a sentence shall be suspended by taking into account the favorable circumstances in which the defendant's reasons for sentencing under Article 62-2 of the Criminal Act, such as the observation of protection, community service order, and order to attend lectures, recognized the crime and reflects wrongness, and there is no record of punishment exceeding the fine in the same kind of crime, but the execution of a sentence shall be suspended by taking into account the same favorable circumstances,

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