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(영문) 대전지방법원 2018.04.18 2017고단5076
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment 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 16, 2017, the Defendant was in dispute with male-gu E on the road near the “Ding Singing Practice House” located in Daejeon Daejeon, Daejeon, the Defendant was in dispute. On October 16, 2017, the Defendant was in dispute with the male-gu E, Daejeon, the police box affiliated with the police box of the Daejeon, which was called upon 112, to listen to the circumstances of the instant case from the Defendant.

씹할 년 아. 짭새년아. ”라고 욕설을 하였고, 이에 G과 함께 출동한 같은 지구대 소속 순경 H이 “ 왜 경찰관에게 욕설을 하느냐.

”라고 말하자 H에게 “ 야 씹할 놈 아. 짭새 새끼야, 너네

We find out the front part.

“In doing so, assaulting the left side of H one time with his/her hand to interfere with the police officer’s legitimate execution of duties concerning the handling of 112 reported cases.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness I and H;

1. H’s self-statement;

1. Application of Acts and subordinate statutes on the part of violence;

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

1. Article 62 (1) of the Criminal Act on the suspension of execution (the following normal consideration):

1. Grounds for sentencing under Article 62-2 of the Criminal Act (The possibility of re-offending and the circumstances disadvantageous to the following) with regard to the observation of protection and the order of community service;

1. Where the sentencing criteria [Scope of the recommended punishment] is minor in the area of mitigation (one month to eight months), such as assault, intimidation, deceptive scheme, or obstruction of public duty, in the area of mitigation (any person who interferes with the performance of public duties and any duty shall be forced).

2. A person who assaults a uniform police who conducts a decision-making service on a sentence of punishment, or who is not an drunk memory;

The execution of punishment shall be suspended in consideration of favorable circumstances, such as the unfavorable circumstances, the defendant's absence of power to punish except only one minor fine due to injury, and the degree of interference with public duties is relatively minor.

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