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(영문) 대전지방법원 천안지원 2015.09.18 2015고단361
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

[Criminal Power] On January 28, 2015, the Defendant was sentenced to a suspended sentence of two years and six months, and the judgment was finalized on February 5, 2015.

【Criminal Facts】

On January 10, 2015, at around 22:30, the Defendant: (a) was urged to return home from F of the police box affiliated with the police box of the Yananannam Police Station Embanam Police Station, which was dispatched to the site after receiving a report of 112, on the street in front of the “Dcafeteria” located in the Yannam-gu, Yannam-si; (b) 3 to 4 occasions, the Defendant committed assault of F’s chest by both drinking.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police officer on F;

1. Statement in writing prepared by G;

1. Application of video-related Acts and subordinate statutes to images of damaged police officers;

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act, such as probation, community service order and order to attend lectures;

1. Application of the sentencing criteria [Determination of the type of the obstruction of the performance of official duties] The basic area of the first category of the obstruction of the performance of official duties (determination of the recommended area), and six months to one year and four months; and

2. Determination of sentence: the defendant, who was punished for the same crime as the six-month imprisonment or the two-year suspension of execution, was tried for a different case, and exercised the force to the police officer on official duty, is disadvantageous.

However, the defendant has been punished for crimes of obstruction of performance of official duties, and it is advantageous to the fact that equality should be considered in the case that the defendant has judged simultaneously with the crime of injury resulting from rape in which judgment has already become final and conclusive.

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