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(영문) 대전지방법원 서산지원 2015.06.12 2015고단371
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

Punishment of the crime

At around 00:50 on April 23, 2015, the Defendant received 112 report on personal information, etc. from G police officers belonging to the F Zone of the Police Station of the Jinjin-gu Police Station who called to the site without paying the fare in front of the Ecosmetic, which is adjacent to the D pharmacy in the Sinjin-si, D, at 0:50 on April 23, 2015, the Defendant was asked about the personal information, etc. of G from the police officers belonging to the F Zone of the Sinjin Police Station who called to the site at the site without paying the fare, and obstructed the police officer’s duty to prevent and investigate the crime, by taking advantage of his hand at one time in the course of arresting him as a flagrant offender for the crime of obstruction of the performance of official duties.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of police statement related to G and H;

1. Application of Acts and subordinate statutes to photograph the victim's face;

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] The reason is that there is no person who has a basic area (6 to 1 year and 4 months) of the obstruction of performance of official duties (the person who has a special penal character] [decision of sentence] that the defendant reflects the wrongness of the defendant, it is more favorable for the defendant to commit the crime, such as taking a bath to the police officer called out after receiving a report on the breath's failure of drinking, and exercising violence. The fact that the defendant committed the crime in spite of the past record of being sentenced to suspended sentence due to the obstruction of performance of official duties in 201, and did not reach an agreement with the victim, and did not make any effort to recover from damage.

In addition, 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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