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(영문) 대전지방법원 서산지원 2015.12.23 2015고단878
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 8, 2015, the Defendant, at around 23:20 on October 23:20, 2015, d restaurants located in Sinjin-si, drinking alcohol together with drinking alcohol and 112, recommended the Defendant to return home from the slopeF belonging to the Edistrict of the Sinjin Police Station E zone, called “I do not have to do so. I do not have to do so.” The Defendant, as a drinking, she took a bath to the above F’s chest, and her face.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the protection of the lives, bodies, and property of the police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement-related Acts and subordinate statutes to F;

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

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

1. The reason for sentencing of Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] There is no person who has the basic sphere (6-1-4 months) of the obstruction of performance of official duties (6-1-4 months), [decision of sentence] The defendant's failure of drinking alcohol to take a bath to police officers and commit violence, and the nature of the crime is not good. The defendant's failure to reach an agreement with the victim is an unfavorable circumstance, and it is advantageous to the victim's wrongness.

In addition to the above circumstances, the sentence like the order shall be determined by comprehensively taking into account all the sentencing conditions shown in the records and arguments of this case.

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