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(영문) 대전지방법원 2016.06.17 2016고단682
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence 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 4, 2016, the Defendant: (a) around 01:50, and around 306-11, Seongbuk-gu, Daejeon, Seosung-gu, Daejeon, Seoul Special Metropolitan City (hereinafter referred to as “Seongsung-dong”).

“A police officer affiliated with the Sungsung Police Station C District, who was dispatched upon receipt of a report 112, asked the Defendant to ask the Defendant to take the above police officer’s work pocket book, and when the above D requests the Defendant to return his work pocket book, the police officer arrested him as a flagrant offender in interference with the performance of official duties by assaulting the above D, booming the above work pocket book, tearing it, etc.

In addition, the defendant was aboard the patrol vehicle together with the above D, and he died with the above D.

Gaym will not be known.

“The term “intition” was expressed.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Written descriptions of D, E, F, and G;

1. Application of relevant photographs (a damaged photographic photo of a work pocketbook) Acts and subordinate statutes;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act suspended execution: The four times of violent crime records, circumstances favorable to the point that the police officer in the course of performing official duties uses violence to interfere with the performance of official duties, and the extent of violence is not much excessive, and the decision of a sentence to the effect that confessions and reflects is made: Other circumstances such as the above different from the above circumstances, the defendant's age, sexual behavior, environment, motive, means and consequence of the crime, and various conditions of sentencing specified in the arguments of this case, such as the circumstances after the crime, shall be considered;

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