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(영문) 대전지방법원 서산지원 2015.04.15 2014고단1173
공무집행방해
Text

A defendant shall be punished by imprisonment for six 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

At around 19:10 on November 28, 2014, the Defendant: (a) reported that the Defendant was suspected of drinking at the front parking lot of the 111-dong apartment C, Yongsan-si, Yongsan-si; (b) and (c) requested by the staff E of the Chungcheongnamnam Police Station D police box belonging to the Chungcheongnamnam Police Station D, which called the Defendant to verify whether the Defendant was drunkly driven and drinking; (d) he was under the influence of alcohol, and (e) the above circumstances E “I am this dog.” The Defendant saw that I am, “I am, I am, I am, I am, I am the f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s bat, which

Accordingly, the defendant interfered with the legitimate execution of duties by police officers related to 112 reporting processing affairs.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. A copy of the work log;

1. Application of the photographic Acts and subordinate statutes;

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

1. Reasons for the sentencing of Article 62(1) of the Criminal Code of the Suspension of Execution [Scope of Recommendation] There is no basic area (6-1-1-4 months) of the obstruction of performance of official duties (6-1-1-4 months), [decision of sentence] The fact that the defendant gives a bath to police officers who perform official duties while under the influence of alcohol and uses violence is disadvantageous to the defendant, and that the defendant is against the crime of this case, and that there is no criminal record other than the fine imposed for the violation of the Road Traffic Act in 2003, it is favorable to the defendant.

In addition to the above circumstances, the sentence like the order shall be determined by comprehensively taking into account all the sentencing conditions shown in the records and arguments of this case.

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