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(영문) 대전지방법원 2017.11.28 2017고단878
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On February 9, 2017, the Defendant committed assault, such as: 215 at the center of Daejeon-dong, Daejeon-gu, Daejeon-gu, 215, and 215 at the six-lane road in front of the departure from Daejeon-dong, Daejeon-dong Police Station security guards at Daejeon-dong, Daejeon-dong Police Station, refusing to present identification cards from C while crossing without permission, refusing to do so, and obscing the face of C her hand 20 times more than 20, and pushing the left shoulder with the right blue.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers related to traffic control.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. A protocol concerning the interrogation of suspect C by the police;

1. D's self-written statements;

1. Application of Acts and subordinate statutes to written opinions (Simplified), reporting on the results of the investigation, reporting on the investigation (an investigation into attachment of cellphone images, and photographs);

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

1. The reason for sentencing under Article 62(1) of the Criminal Act (a) of the suspended execution of official duties (a type of decision] interference with the execution of official duties, and the basic area of the first type (a decision on the recommended area) [the scope of punishment] six months to one year and six months [a], multiple violent crimes (a suspended sentence, a fine)], and the fact that the degree of interference with the performance of official duties is not somewhat less than 20 times, such as assaulting and taking a police officer in the performance of official duties at least 20 times, the fact that the degree of interference with the performance of official duties is not easy should be taken into consideration in light of the unfavorable circumstances. In addition, the fact that the degree of interference with the performance of official duties is not less severe than harming damage caused by interference with the performance of official duties should be taken into consideration in light of the motive, means and result of the instant crime, the defendant's age, sexual behavior and environment, etc.

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