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(영문) 대전지방법원 천안지원 2016.11.18 2016고단1776
공무집행방해
Text

The punishment of the accused shall be eight months by imprisonment.

However, the above sentence shall be executed for two years from the date of the final judgment.

Reasons

Punishment of the crime

Around 18:50 on September 10, 2016, the Defendant was under the influence of alcohol at Asan City C restaurant located in Asan City B, and was under the influence of alcohol against the Defendant’s wife D, and was requested to present an identification card from F to the police officer affiliated with the 112 police box of the ASEAN Police Station Emb, who was dispatched to the site after receiving a 112 report, and expressed to F, “I am to present an identification card of why I am spher, sphers, sphers, sphers, and sphers to the son’s face, and pushed F with the right shoulder.”

As a result, the Defendant interfered with the legitimate execution of duties of police officers in regard to the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F and D;

1. Application of statutes on site photographs;

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 Criminal Act on probation and community service order;

1. Application of the sentencing criteria [Determination of Sentencing] Application of the obstruction of performance of official duties (Determination of the scope of recommendation field] Basic area / 6 months to 1 year and 4 months / 1 year / there is no effort to recover damage / There is no clear social relation, serious reflectness, or no criminal record of suspension of execution or more.

2. In full view of all the circumstances shown in the trial of this case including the defendant's age, character and conduct, environment, and circumstances, the type and degree of the crime of this case, the criminal records of the defendant's criminal punishment (if there is no same kind of force), contingent crimes, and other circumstances shown in the trial of this case, the sentence as ordered shall be determined.

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