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(영문) 대전지방법원 2017.05.18 2017고단934
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 March 9, 2017, the Defendant without permission crossinged the “C hospital” front of the Daejeon Daejeon District, which was located in Daejeon District Court, and took a bath to E as “C weather”, and assaulted E by hand the head of E with his/her hand, knife his/her left bridge, and knife E with his/her hand at the right knife, and thereby obstructing police officers’ legitimate execution of duties concerning the control of pedestrian crosswalks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A report on investigation;

1. Application of Acts and subordinate statutes on mobile phone image data;

1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62(1) of the Act on Suspension of Execution (Article 62(1) of the Criminal Act (Article 62(1) of the Criminal Act) (Article 62(1) of the Criminal Act (Article 62(1) of the Criminal Act provides that a person who has committed the instant crime shall be deemed to have committed the instant crime, the first offender, the Defendant is the first offender, and the Defendant appears to have committed the instant crime by contingency, under the circumstances favorable to the Defendant, that the act of assaulting the police

Therefore, the criminal liability is heavy.

The following can be seen: (a) the Defendant did not agree with the victimized police officer; (b) the Defendant was unable to make efforts to recover damage by the victimized police officer; and (c) the police officer strongly wanting to punish the Defendant; (d) the Defendant’s age, sex, environment, motive, means and consequence of the crime; and (e) other circumstances unfavorable to the Defendant; and (e) the Defendant’s age, sex, environment, motive, means and consequence of the crime; and (e) the conditions of all kinds of sentencing prescribed in Article 51 of the Criminal Act and the scope of the recommended sentence according to the sentencing guidelines of the Supreme Court sentencing Committee on crimes obstructing the performance of official duties, etc.

1. Social service order under the Criminal Act;

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