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(영문) 대전지방법원 천안지원 2018.08.23 2017고단1711
공무집행방해
Text

A defendant shall be punished by imprisonment for six 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

around 17:00 on July 16, 2017, the Defendant obstructed the police officer’s legitimate execution of duties concerning the handling of the report of the instant case, which is a public official, by assaulting F’s breast part of the said F, to see the reported situation by the F, who was sent to the scene after receiving a report from 112 on the facts of assaulting D, which was carried out with D, in the south-gu, Southern-gu, Seoul Special Metropolitan City, 306, and sent to the site after receiving a report from 112.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of laws and regulations on police statements made to F, G, and D;

1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The sentence shall be determined as shown in the Disposition, comprehensively taking into account the following factors: (a) the fact that the defendant for the reason of sentencing under Article 62(1) of the Criminal Act, under the influence of alcohol and assaulting the police officer dispatched upon receiving a report, is inferior to the nature of the crime; (b) the fact that the defendant has been punished for violent crimes; (c) the fact that the defendant mistakenly recognized the defendant's mistake and there is no record of being punished for obstructing the performance of official duties; and (d) there is no record of being punished for obstructing the performance of official duties; and (e) other

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