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(영문) 대전지방법원 논산지원 2016.08.30 2016고단318
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[criminal history] On October 31, 2014, the Defendant was sentenced to six months of imprisonment for a violation of road traffic law (refluence of drinking), in the Daejeon District Court Seosan Branch of Daejeon District Court, and the period of parole on September 30, 2015 was expired on October 27, 2015, when the sentence was executed in the Cheongju Prison.

[2] On May 13, 2016, the Defendant: (a) at D located in Seosan City on May 13, 2016, the Defendant: (b) was under the influence of alcohol; and (c) the police box operator of the Seosan Police Station E boxes called out after receiving a report from 112, would stop the Defendant’s disturbance; and (d) the Defendant “this weather rings to the police officer.”

The police officer, “,” and the police officer continued to demand a presentation of his identification card, assaulted the police officer, such as “I am bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch,” and pushed the chest of the police officer.

Accordingly, the defendant interfered with legitimate execution of duties concerning the prevention, suppression and investigation of police officers' crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Photographs;

1. Previous convictions: Application of Acts and subordinate statutes to refer to inquiries, such as criminal history, investigation reports (applicable, previous convictions and reports on repeated crimes);

1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act concerning the selection of punishment;

1. The reason for sentencing under Article 35 of the Criminal Act for aggravated repeated crimes [Scope of Recommendation] There is no basic area (from June to January, 1) of the first category (Interference with the performance of official duties and coercion of duties) [Judgment of sentencing] [Judgment of sentencing] of the defendant not only has the record of being punished twice for the same crime, but also has the record of committing the crime in this case without being sentenced to the punishment for the suspension of execution twice for the same crime. It is inevitable to pronounce sentence in that the defendant again committed the crime in this case without being sentenced to the punishment even though

However, the punishment as ordered shall be determined in consideration of all the sentencing conditions shown in the pleadings of this case, such as the fact that the defendant is against the mistake, the age, sex, environment, family relationship, circumstances after the crime, etc. of the defendant.

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