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(영문) 대전지방법원 홍성지원 2018.08.21 2018고단456
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

Around 15:50 on March 23, 2018, the Defendant received a report from the Defendant that he was assaulted at the main point located in Chungcheongnam-gun B located in Chungcheongnam-gun, Chungcheongnam-do, Chungcheongnam-do, and confirmed the details of the report from E in the circumstances surrounding the seat of the D District of the Chungcheongnam-do Police Station D, Chungcheongnam-gu, west-gu, Seoul, where E had previously reported a previous assault, and “I do not do so at least at a low time”;

At that time, us has made a report at that time by taking a serious desire to us.

" at any time n.e., defective"

Does they wish to do so;

C. E’s expression of desire for fargument, and the E’s expression of desire for fargument, assaulted E’s left part of the E’s left fargument on one occasion.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of each police statement protocol to E and F;

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

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

1. The legitimate exercise of public authority by the State with reason of sentencing Article 62-2 of the Social Service Order Criminal Act should be protected for peace and safety of all citizens, including the Defendant himself/herself.

Nevertheless, the Defendant committed an insulting speech and behavior against a police officer who weared a uniform, thereby undermining the exercise of public authority and impairing the morale of police officers who perform his/her duty, and thus, the offense is bad.

However, considering the favorable circumstances, such as the fact that the defendant repents and reflects his mistake, the degree of violence is not heavy, and the fact that there is no record of punishment exceeding the fine, etc., the punishment as ordered shall be determined by taking into account the defendant's age, sexual behavior, environment, etc., and by taking into account all the kinds of sentencing conditions shown in the arguments of this case.

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