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(영문) 대전지방법원 천안지원 2014.10.16 2014고단1015
공무집행방해
Text

A defendant shall be punished by imprisonment for six 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 May 6, 2014, at around 00:48, the Defendant continued to go along the 'C' 'C' in front of the coffee shop in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, the Defendant tried to take a drinking test against D by sending it to the site by the victim I (the age of 42) who is the region belonging to the H district in the Asan Police Station, due to the F's 112 report, caused a contact with the F's vehicle (G) where D was parked on the street, and caused the contact with the victim's vehicle (hereinafter referred to as "G) where D was parked on the street, and tried to take a drinking test against D. The Defendant continued to take the victim's face without any reason by taking the 5th degree of the victim's face, after taking the spit and continuously taking three times the victim's chest on the face of the victim.

Accordingly, the defendant interfered with legitimate execution of duties concerning the handling of 112 reported cases and the initial action at the scene of traffic accidents.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police statement made to I, D, and F;

1. Report on internal investigation and investigation report (related to the analysis of moving pictures taken by a suspect on a cell phone);

1. Application of two Acts and subordinate statutes to photographs, logs, CDs;

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] No person who has no basic area (6-1 year and April) (6-1 year) of the obstruction of performance of official duties [decision of sentence] The defendant takes a bath to police officers in the course of performing official duties and uses tangible power, but the defendant commits contingent crimes under the influence of alcohol, the result of exercising physical power is relatively minor, and the defendant has no criminal records of the same kind of punishment or of the suspension of execution of official duties.

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