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(영문) 대전지방법원 2018.03.28 2017고단4586
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On October 14, 2017, the Defendant 00:13 around 00:13, on the front side of Seo-gu Daejeon, Seo-gu, Daejeon, and the Defendant gets a walk.

“A police officer E belonging to the Daejeon Police Station D police station, who was called upon the report of 112, posted the Defendant, and solicited him to return home, but failed to do so, such as getting the knife of the patrol vehicle, interfering with the passage of the patrol vehicle,” and the above E took a bath to restrain the Defendant, and assaulted the chest of the above E on his arms.

As a result, the defendant interfered with the legitimate performance of duties of police officers on handling 112 reports.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of the relevant Acts and subordinate statutes to the victim's photograph and work for the DNA reserve;

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. On the grounds of sentencing under Article 62(1) of the Criminal Act, the sentence shall be determined as ordered in light of the following circumstances: (a) the Defendant’s age, sexual conduct, environment, family relationship, motive and consequence of the crime; and (b) the circumstances constituting the conditions for sentencing as specified in the instant pleadings.

3. Unfavorable circumstances: The punishment for the violation of violence against police officers in the course of performing legitimate official duties is not less severe, and the crime is not less favorable for the victim: The confession of the crime in this case and the confession of the crime in this case; the crime in this case appears to have resulted in contingent crimes under the influence of alcohol; the degree of damage by police officers is not relatively more severe; and there is no record of punishment exceeding the fine.

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