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(영문) 대전지방법원 2014.08.28 2014고단802
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On February 27, 2014, the Defendant: (a) 01:35, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Daejeon, 170-ro 191, carried a lubbial fee, and (b) flucened a flucing person while drinking around the Chinese restaurant, and (c) flucened a flucencing person, “A person who fluceneds a fluor, who was dispatched upon receipt of 112 report, flusing him/her back from the sloped D belonging to the Daejeon Police Station C District Unit of the Daejeon District Police Station, Daejeon who was flusing him/her, and her flusored with D’

이에 D이 피고인을 현행범으로 체포하여 순찰차에 태우려고 하자 피고인은 발로 D의 배를 1회 찼다.

Accordingly, the defendant interfered with the maintenance of police officers' order and the arrest of flagrant offenders.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to photographs of victimized police officers;

1. Article 136 (1) of the Criminal Act that prescribes the applicable provision of punishment for a crime. Article 136 (1) of the same Act

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] The consideration of the following factors: (a) the criminal group of obstruction of performance of official duties, the first category, the basic area, the imprisonment with prison labor for six months to one year and four months (the decision of sentence] that there was no criminal record (the first time of a fine related to violence (201), the first time of a fine related to drunk driving (201) and the first time of a fine related to drunk driving (2010))

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