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(영문) 대전지방법원 천안지원 2015.09.21 2015고단1257
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than three 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

At around 16:50 on May 26, 2015, the Defendant: (a) went to the “C kindergarten” located in Western-gu, Seocheon-gu, Seocheon-gu; (b) was under the influence of alcohol to take a bath to the head, D, etc.; and (c) was faced with a disturbance, such as taking a bath to the said kindergarten students; (d) when the slopeF belonging to the E Zone E Zone of the 112 Report and dispatched to the Defendant check the Defendant, the Defendant was able to take a bath to “this sprinke”; and (e) assaulted the F’s neck by taking the Defendant’s hand at one time.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement concerning F;

1. A written statement of G and D;

1. Application of Acts and subordinate statutes to report the occurrence of cases;

1. Article 136 (1) of the Criminal Act and the choice of imprisonment with prison labor concerning the crime;

1. Article 62 (1) of the Criminal Act suspended execution. Article 62 (1) of the same Act

1. The reason for sentencing under Article 62-2 of the Criminal Act of the Order to Attend the Course of Education [Scope of Recommendation] In the case where the degree of violence, intimidation, and deceptive scheme is minor (determination of sentence] scope of mitigation (one to eight months) (special mitigation) area of the obstruction of the performance of official duties, consideration is given to the following: (a) the defendant is under the influence of alcohol to commit the instant crime; (b) the defendant has reached a contingent crime under the influence of alcohol; (c) he reflects himself; and (d) he has no record of having been subject to

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