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(영문) 대전지방법원 2015.07.10 2015고단1490
공무집행방해
Text

A defendant shall be punished by imprisonment for four 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

On April 8, 2015, the Defendant was requested to verify the personal information of the Defendant from F (50 years of age) who is a police official belonging to the E Zone called “Dran bar” in Daejeon-gu, Daejeon-gu, Daejeon-gu, to receive a report on Defendant’s assault, and refused to comply with this request, and was voluntarily moved along with the Defendant’s daily behaviors to E zone.

On April 8, 2015, at around 22:05, the Defendant was in the E District located in Daejeon Jung-gu, Daejeon, and the Defendant took a serious bath that “I will not see any personal information so that I can dnickly die,” and “I will not take any flickly,” and “I will not take any flickly,” and “I will not take any flickly, I will not take any flick,” and “I will not take any flick upon the face of F’s face, such as assaulting and threatening the F, thereby obstructing a police officer’s legitimate execution of duties regarding the handling of criminal reports.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol of statement to F;

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

2. The reason for the sentencing of Article 62(1) of the Criminal Act on the suspended sentence [Scope of Recommendation] The sentence shall be determined as per the disposition in consideration of the following: (a) the mitigation area (one to eight months) of the obstruction of performance of official duties; (b) the degree of assault, intimidation, and deceptive scheme is minor; (c) the sentence shall be chosen in consideration of the fact that there are criminal records related to past violence; (d) the defendant recognizes and reflects all mistakes; (e) the degree of assault is minor; (e) the family members are dependent; and (e) the sentence is not imposed.

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