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(영문) 대전지방법원 2015.08.13 2015고단1887
공무집행방해
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[Criminal Power] On December 11, 2014, the Defendant was sentenced to a suspended sentence of two years for obstruction of performance of official duties by the Seoul Northern District Court on June 201, and the said judgment became final and conclusive on the 19th day of the same month and is still under suspended execution.

【Criminal Facts】

At around 23:50 on June 12, 2015, the Defendant: (a) took a bath to the effect that “Wookkkkkk” was a big voice, when the Defendant took a dispute over the issue of taxi charges, while the slope E belonging to the said district unit, which was working in the situation at the said district unit, was being in the position of the said district unit, in the area of the Daejeon District of the Daejeon District Police Station, Seo-gu, Daejeon.

Accordingly, as the above E prevents the Defendant from pointing the Defendant’s words that the Defendant would not take the view of the Defendant, it assaulted the Defendant, such as taking the above E’s title with the left hand, threatening the face to be taken with a single pushed hand.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on civil petition affairs.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

1. In a case where the relevant Article of the Criminal Act, Article 136(1) of the Criminal Act, the reason for sentencing of sentence of imprisonment [the scope of recommendation] is minor in the area of mitigation (one month or August), the area of reduction (special mitigation) (one month or August), and the degree of assault, intimidation and deceptive scheme (the decision of sentence] as to the crime committed without any reflection even though it was committed during the period of suspension of execution due to the same mistake, there is a high possibility of criticism. Considering that there are many similar criminal convictions, the sentence against the defendant is inevitable.

However, it shall be reflected in the term of punishment in favor of the defendant, such as the fact that the defendant has recognized all mistakes and reflects the fact that no previous conviction has been committed before the case, and that the degree of violence and intimidation seems to be relatively minor.

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