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(영문) 대전지방법원 천안지원 2016.10.25 2016고단1535
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 June 13, 2016, at around 02:15, the Defendant was arguinged with friendly C in front of Seo-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, 109-dong, and received 112 reports, but refused to return home from the border E belonging to the D District Unit of the Yananananananananananananbuk Police Station, and was subject to penalty due to the violation of the Punishment of Minor Offenses Act as a result of spitation. From that time to that time, the Defendant was unable to get off the patrol vehicle by blocking his body by blocking the course of the above E from 15 minutes until 02:30 on the same day, and was tight by taking the hand of the above E, which prevents him from getting off his way before the patrol, and was tightly equipped with his body.

As a result, the Defendant interfered with the legitimate execution of duties of police officers in regard to the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Article 136 (1) of the Criminal Act and the choice of imprisonment with prison labor concerning the crime;

1. The reason for the sentencing of Article 62(1) of the Criminal Act on the suspended sentence [Scope of Recommendation] is the case where the degree of violence, intimidation, and deceptive scheme is minor (determination of sentence] in the area of mitigation (one to eight months), the area of mitigation (special mitigation) (one to one month) of the obstruction of performance of official duties, or the case where the degree of violence, intimidation, and deceptive scheme is minor.

It shall be considered in light of the circumstances favorable to the fact that there is no record of punishment imposed more severe than the same criminal power or fine.

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