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(영문) 대전지방법원 서산지원 2018.02.09 2017고단1065
공무집행방해
Text

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

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

Reasons

Punishment of the crime

On October 6, 2017, the Defendant received 112 reports to the effect that, while under the influence of alcohol at the front of the cafeteria “D” restaurant operated by Jin-si, D, and without any justifiable reason, he was able to take a bath to C, and then was urged by the F for returning home from the police officer assigned to the police station E commander of the Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Police Station E commander of the Republic of Korea, the Defendant was able to take a bath to C, and the Defendant was able to take a stop.

Does it be a war.

E. E. E. F. Bags L. E. F. H. H. H. H.

Does they own.

C. Doing to the effect that C. F. F. F. B. face with the hand floor was 2 times.

Accordingly, the defendant interfered with legitimate execution of duties concerning the protection of police officers' lives, bodies and property, prevention, suppression and investigation of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of F’s written Acts and subordinate statutes;

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

1. Article 62(1) of the Act on the Suspension of Execution provides that if a police officer takes a bath to a police officer who is performing legitimate official duties on the grounds of sentencing, the crime’s nature is not somewhat weak, and that the same criminal record may already be used for the same kind of offense is disadvantageous.

However, in light of the fact that the degree of violence against the police is relatively not more severe, that one million won has been deposited for the damaged police officers, that is, it is against the defendant's age, sex, environment, motive, means and consequence of the crime, etc., and all of the sentencing factors specified in the arguments of this case, such as the circumstances after the crime, etc., the punishment shall be determined as ordered.

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