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(영문) 대전지방법원 2015.08.19 2015고단2112
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Criminal facts

On May 27, 2014, the Defendant was sentenced to imprisonment for one year with prison labor for a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) at the Daejeon District Court on May 27, 201, and is still under probation after the judgment became final and conclusive on June 4, 2014.

On May 15, 2015, at around 01:18, the Defendant: (a) requested F to pay the drinking value and return home from the slope F belonging to the Daejeon Police Station E zone of Daejeon Police Station E zone, which was called for 112 after being reported because he did not drink and drink the drinking value; (b) he saw F as “Neeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee feeeeeeeeeee feeeeeeeee feee feee fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the handling of reports and the maintenance of order by police officers.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to a report on investigation, hearing of statements by police officers involved in an investigation and reporting on investigation;

1. Article 136 (1) of the Criminal Act applicable to the crime;

1. Reasons for the sentencing of selective sentence of imprisonment [Scope of Recommendation]: The basic area of the obstruction of performance of official duties (two months to one year and four months): No person [decision of sentence]: In light of the content, mode, etc. of the crime of this case, the crime of this case is grave, and there is a history of multiple criminal punishment for the same kind of crime, and the crime of this case is committed under the suspension of execution of the same crime, which is disadvantageous to the defendant.

On the other hand, the fact that the defendant recognized the crime of this case and reflected against the defendant, and that the defendant suffers from a disease such as "other recurrence basic disorder" is favorable to the defendant.

This case.

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