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(영문) 대전지방법원 서산지원 2015.05.06 2014고단1220
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 19:20 on December 16, 2014, the Defendant: (a) obstructed the part of the instant F’s right-free bucks on the following grounds: (b) obstructed from the slope F (age 46) belonging to the police box of the party, which called the scene after having received a report that the host spawn spawn swn swn swn swn swn swn swn swn swn swn s

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. The service log of the E box;

1. Application of statutes on site photographs;

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] There is no person who has the basic area (6-1-1-4 months) of the obstruction of performance of official duties (6-1-1-4 months), [decision of sentence] The fact that the defendant expressed a desire to a police officer who was sent to the police officer who was under the influence of alcohol and exercised violence is not good, and that the defendant has five times of punishment for violent crimes is disadvantageous to the defendant. The fact that the defendant has five times of punishment for violent crimes is disadvantageous to the defendant, that the defendant is against his mistake, that the defendant has no criminal record after 201, that there is no previous criminal record after 201, that the victim has deposited the prescribed amount in the future is favorable to the defendant.

In addition to the above circumstances, the sentence like the order shall be determined by comprehensively taking into account all the sentencing conditions shown in the records and arguments of this case.

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