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(영문) 대전지방법원 2017.03.02 2016고단4139
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On September 11, 2016, the Defendant: (a) in front of the building located in Seo-gu Daejeon, Seo-gu, Daejeon; (b) “three persons are wrapping;” (c) confirmed the details of the report to the Defendant and the Defendant’s parents on the Seo-gu, Seo-gu, Seo-gu, Daejeon (Seoul) Police Station C District Branch of the Seo-gu, Daejeon (Seoul) who called on the site after receiving a report 112 report; and (d) confirmed the details of the report to D.

C. D’s bath theory was used as C’s pule, and assaulted as pule, flabing and salkeing D’s flab.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the control of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A report on investigation;

1. 112 Notification of reported cases;

1. The third district office;

1. Application of Acts and subordinate statutes, such as arrest photographs;

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. Article 62(1) of the Act on Suspension of Execution (Article 62(1) of the Criminal Act (Article 62(1) of the Criminal Act) provides that the defendant has committed the crime in this case under the circumstances favorable to the defendant, such as the fact that the defendant is under the time of and seriously against the crime in this case, that the defendant has no same criminal record and is subject to a fine once for the same crime, that the defendant has committed the crime in this case, that the defendant appears to have committed the crime in a contingent state, and that the defendant deposited certain money to recover the damage of the police officer who has suffered damage, would hinder the legitimate exercise of the public authority that should be strictly executed.

Therefore, the criminal liability is heavy.

The Supreme Court Sentencing Committee on the conditions of various sentencing prescribed in Article 51 of the Criminal Act, such as the defendant's age, sexual conduct, environment, motive, means and consequence, circumstances before and after the crime, etc., and obstructing the execution of official duties, etc., under the circumstances unfavorable to the defendant, such as the fact that the defendant did not agree with the victimized police officer, and the police officer wanting to punish the defendant.

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