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(영문) 대전지방법원 천안지원 2015.07.24 2015고단758
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

On March 5, 2015, at around 17:00, the Defendant: (a) 112 was drunk in front of the village hall of the New Port 1-ri-ri; (b) the police box belonging to the Asan Police Station C police box called out after receiving a report of 112; (c) the police box of the Asan Police Station called out was able to restrain himself/herself and encourage him/her to return home; and (d) the Defendant flabed with flab

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

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. The application of statutes on the video of a field photograph [the defendant denies a crime, but this is merely the argument that the situation at the time of the case is not memory under the influence of alcohol, and according to the evidence above, the defendant can sufficiently recognize the fact that the defendant d's balth of balths of police officer D can be found

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. Application of the sentencing criteria [Determination of Punishment] : Category I (Obstruction of Performance of Official Duties/Performance of Duties) (Special Convicts) mitigation element - Where the degree of violence, intimidation and deceptive scheme is minor (Determination of the recommended sphere), mitigation area, one month to eight months of imprisonment;

2. Determination of sentence: Imprisonment with prison labor for four months, and for crimes against police officers performing official duties in one year of suspended sentence, a strict group is required;

However, the old defendant committed this case while under the influence of alcohol, the degree of violence is relatively minor, and so far, the fact that there is no record of punishment other than one fine, etc. is considered as favorable circumstances and the execution of the sentence is suspended.

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