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(영문) 대전지방법원 서산지원 2018.01.25 2017고단958
공무집행방해
Text

1. The punishment of the defendant shall be determined by six months;

2.Provided, That the above punishment shall be imposed for a period of one year from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

On July 26, 2017, at around 02:06, the Defendant 208, performed drinking alcohol in the Cpenta-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, and 112, and, upon receipt of the 112 report, the E slope affiliated with the Daba-gun, Chungcheongnam-gun, Chungcheongnam-gun, Police Station D, which was called, asked the Defendant about his personal information and the circumstances of the case, etc., and assaulted the Defendant, such as “Ye-si, Hae-gu, Hae-si, Hae-si, Hae-si, Hae-si, Hae-si, Hae-si, Hae-si, Hae-si.”

Accordingly, the defendant interfered with legitimate execution of duties concerning the prevention and suppression of police officers' crimes, public peace and maintenance of order.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling List;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommended punishment] The basic area (fe.g., interference with the performance of official duties and coercion of duties) (fe., June to one year) (f., one year and six months) of the Act on the Suspension of Execution of Official Duties. Since the defendant assaults a police officer who is performing official duties, it is necessary to punish the defendant accordingly.

The degree of violence and criminal punishment shall be imposed only once in consideration of all the sentencing conditions, such as the age, sex, environment, etc. of the defendant, and the punishment shall be determined as ordered.

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