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(영문) 대전지방법원 홍성지원 2017.03.28 2016고단848
공무집행방해
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 30, 2016, the Defendant reported to the G convenience store located in Hongsung-gun F around 04:06 on September 30, 2016, and received 112 a report from 112 male and sent to the site, to the police officers belonging to the Hongsung Police Station H District by Hongsung Police Station, to ask questions about the personal information and the circumstances of the case, and to the above I.

The police officer tried to boom the brub "Woo", and boomed the body of I by breast, and used the I face by hand.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers for 112 reports and criminal investigations.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Each police statement made to I, J, and K;

1. 112 Application of the Acts and subordinate statutes governing the table of reported case settlement;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for the sentencing of Article 62-2 of the Social Service Order Act [the scope of recommendations] : (a) the basic area (the period of six months to one year and four months) (the period of imprisonment) (the period of six months to one year and four months) ; (b) the State’s legitimate exercise of public authority should be protected for the peace and safety of all citizens, including the Defendant himself/herself.

Nevertheless, the Defendant committed an insulting speech and behavior against a police officer who weared a uniform, thereby undermining the exercise of public authority and impairing the morale of police officers who perform his/her duty, and thus, the offense is bad.

Furthermore, the Defendant was punished by imprisonment with prison labor in 2016, since the Defendant had already been punished by a fine on two occasions only in 2016, and the recognition of the importance of the law and order was low.

However, more favorable circumstances such as the fact that the defendant repents his mistake in depth, that there is no history of punishment exceeding the fine, that the degree of violence against the police officer is not serious, and that other defendant's person is the defendant.

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