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(영문) 대전지방법원 2016.06.08 2016고단975
공무집행방해등
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 March 20, 2016, at around 12:30, the Defendant refused to send the Defendant to the hospital after receiving 112 reports from the front side of the Daejeon Seo-gu Daejeon District Police Station D (29 taxes) affiliated with the Daejeon Seodong Police Station, which was called, and refused to send the Defendant to the hospital. On the top of the hand hand, the Defendant 1 taken the e face into the e-mail and walked the left bucks and the back bucks of the E-ro at once, and walked the back f(48 years old) in the front side of the same district, which was called with the E, and walked the back and knes of the F(48 years old) in the front of the said district with the E, and knee for about one week treatment to the victim E, and for about one week treatment.

Accordingly, the defendant interfered with the legitimate performance of duties by police officers on civil petition reports, and at the same time injured the victims.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties) and Article 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act refers to the scope of recommendation, sentence and sentence [the crime of injury: the general injury (two to one year) mitigation area (the general injury) and the crime of obstructing the performance of official duties: the mitigated area (i.e., interfering with the performance of official duties) (i., the mitigated area (i.e., the obstruction of the performance of official duties or the coercion of the duties)] according to the sentencing guidelines, and the punishment shall be determined as per the order, taking into account the following circumstances into account:

Unfavorable circumstances: The fact of the crime of this case and the degree of injury of the victims are relatively relatively low. It is more favorable for the victims to recognize the fact of the crime of this case and reflect the fact of the crime under the influence of alcohol even though they had been subject to a fine of approximately three times due to drinking, etc.

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