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(영문) 대전지방법원 홍성지원 2015.10.30 2015고단813
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

Around 04:00 on August 29, 2015, the Defendant was an employee E and drinking value at the Daodong Hospital located in Hongsung-gun C, and was requested by G in the circumstances where the Hongsung Police Station F District Unit of the Hongsung Police Station was dispatched to the site after receiving 112 report, and became a F District in H.

At around 04:30 on the same day, the Defendant asserted that the police officer, who was requested from the above G to resolve the drinking value problem through dialogue with I, the main owner of the said Drano bank business, was disadvantageous to him/her by establishing a ties relationship with the owner of the business, and in his/her hand, he/she saw him/herself into the breath of the above G, taken his/her face into consideration, and her face to G, and assaulted G’s chest by force on one hand.

Accordingly, the defendant interfered with legitimate execution of duties concerning the prevention and suppression of police officers' crimes.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Application of Acts and subordinate statutes of E and I;

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

1. Article 62 (1) of the Criminal Act;

1. The reasons for the sentencing of Article 62-2 of the Criminal Act on Probation and Social Service Order [Scope of Recommendation] There is no person who has a basic area (6 to 1 year and 4 months) of the obstruction of performance of official duties [decision of sentence] [Judgment of sentence] 6 months of imprisonment, 2 years of suspended sentence, the Defendant’s confession against himself, 2 years of suspended sentence, 3 years of suspended sentence, the Defendant’s deposit of a certain amount of money, the Defendant’s age, character and behavior, environment, motive and circumstance of the crime, etc., and all the conditions of the sentencing as shown in the records and arguments of this case, including the following circumstances, shall be determined as above.

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