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(영문) 대전지방법원 2015.07.08 2015고단1460
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 two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On April 23, 2015, around 15:50, the Defendant: (a) expressed a desire to ask the victim E, a police officer belonging to the Daejeon Seo-gu Police Station D District Unit, who was called the Defendant, to ask questions about the circumstances and personal information of the case, and assaulted the victim’s head at one time in drinking.

Accordingly, the defendant interfered with the victim's patrol duty and the handling of the case.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written statement prepared in C;

1. Application of the Acts and subordinate statutes to investigation reports, field photographs, and copies of work days;

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. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation]: The basic area of the obstruction of performance of official duties (two months to one year and four months of imprisonment): [Determination of sentence] No person shall be sentenced. [Determination of sentence] In light of the content and form of the instant crime, etc., the nature of the crime is not less easy, and the defendant has a record of criminal punishment, such as multiple times of punishment, etc. due to the same kind and a different kind of crime, which is disadvantageous to the defendant.

On the other hand, the fact that the defendant recognized the crime of this case and reflected, and that the defendant seems to have reached the crime of this case by drinking is favorable to the defendant.

In this context, various circumstances indicated in the records, such as the degree of assault and obstruction of public duty, circumstances after the crime, defendant's age, occupation, character and conduct, environment, etc. shall be comprehensively considered, and the punishment as ordered shall be determined in consideration of the recommended sentencing guidelines of the Supreme Court sentencing committee.

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