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(영문) 대전지방법원 홍성지원 2017.01.24 2016고단807
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 26, 2016, at around 00:20 on July 26, 2016, the Defendant committed assault, such as spitation, etc., by asking the Defendant about his personal information and the circumstances of the case, after receiving 112 reports that there was disturbance inside the main point at “C” at the main point of “C” located in Chungcheongnamnam B.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reports.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. A report on internal investigation (referring to the situation, etc. at the time of arrival of the site);

1. Application of the photographic Acts and subordinate statutes;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act / [Scope of Recommendation] There is no basic area (a person who has been sentenced to special sentencing from June to January 4) (a person who has been sentenced to imprisonment) (a person who has been subject to special sentencing) of the category 1 (a person who has obstructed performance of official duties and has been forced to perform official duties) (a decision of sentence] (a decision of sentence shall be made in full view of all the conditions of sentencing recorded in the records, such as the defendant's age, sex, environment, circumstances before and after the instant crime, and circumstances before

The state's legitimate exercise of public authority should be protected for the peace and safety of all the people including the defendant himself, but the defendant obstructed the exercise of public authority by assault and insult against the police officer in uniform and damaged the morale of the police officer who performs his duty of care, and thus, there is a need for strict punishment: A confession and rebuttal; a confession and rebuttal; there is no criminal record of the same kind of offense and there is no criminal history of punishment exceeding a fine for a long time.

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