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(영문) 대전지방법원 2018.09.28 2017고단3520
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On January 27, 2014, the Defendant was sentenced to imprisonment with prison labor for ten months with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Daejeon District Court on February 5, 2015 and completed the execution of the sentence on November 23, 2015 upon the decision to revoke the suspension of execution.

Criminal facts

On July 23, 2017, the Defendant was under the influence of alcohol in front of Daejeon, Daejeon, Daejeon, on July 15:56, 2017, and was called to return home from D (V, 34 years old), a police officer of the Daejeon Police Station C District of the Daejeon Police Station, who was called upon 112, and called to the Defendant, and the Defendant’s statement to the said D that the Defendant would return home from D (V, 34 years old), and the Defendant’s statement to the said D that the Defendant “h, h, h, and h,

"In doing so, the part under the left side of D with fingers, was arrested as a flagrant offender due to interference with the performance of official duties, and spite into E (28) with the patrol vehicle belonging to the patrol vehicle of the person who was arrested as a flagrant offender, "I am spite" and spite on E face. Accordingly, the Defendant interfered with the legitimate performance of duties in relation to the prevention, suppression and investigation of the police officer's crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. A written statement;

1. Previous convictions: Application of Acts and subordinate statutes to inquire about criminal history, report on investigation (verification of the same type of force, etc. and revocation of suspension of execution);

1. Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. The Defendant, even before the reason for sentencing Article 35 of the Criminal Act, committed the instant crime again despite the punishment, such as a fine, a similar crime, a suspended sentence, or a suspended sentence, was imposed after the suspended sentence was revoked.

In addition, the sentencing conditions, such as the defendant's age, sex, family relationship, records of crimes, the circumstances of this case, and the subsequent progress, shall be determined as the sentence as ordered.

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