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(영문) 대전지방법원 2017.03.16 2016고단4699
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight 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 November 7, 2016, the Defendant: (a) at the D police station located in Daejeon Daejeon, Daejeon, Daejeon, Daejeon, the Defendant was notified of the Defendant to return home from the victim E ( South Korea, 47 years old) who was affiliated with the D District District, but the Defendant demanded taxi expenses, etc., and frighted the victim's son on the ground that the injured party contacted the mother of the Defendant, and obstructed police officers' legitimate performance of duties, such as the prevention of crime and the situation of duty.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. The work site in the D District;

1. Application of the Acts and subordinate statutes concerning photographic photographs of victim E number of units;

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 the Suspension of Execution (Article 62(1) of the Criminal Act (Article 62(1) of the Criminal Act) provides that the act of assaulting a police officer carrying out legitimate public duties by putting in uniform is likely to interfere with the exercise of legitimate public authority that should be strictly executed, and the act of assaulting the police officer carrying out legitimate public duties by taking in uniform is deemed to be defective and to be bad in the form of the crime, and is also a crime, if the act of assaulting the police officer carrying out legitimate public duties is not committed.

Therefore, the criminal liability is heavy.

The facts that can be seen are the conditions of sentencing prescribed in Article 51 of the Criminal Act and the scope of recommended sentence according to the sentencing guidelines of the Supreme Court's sentencing committee on crimes that interfere with the performance of official duties, such as the defendant's age, sex, environment, motive, means and consequence of the crime, before and after the crime.

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