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(영문) 대전지방법원 홍성지원 2015.02.11 2014고단766
공무집행방해
Text

A defendant shall be punished by imprisonment for six 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 19:50 on October 8, 2014, the Defendant: (a) found the police box of the Chungcheongnam-gu Police Station D, Chungcheongnam-gu, YAD on the 19:50s, the Defendant: (b) found the police box of the Chungcheongnam-gu, Chungcheongnam-do, to have the police box sent imprisonment; (c) boomed the monitors on his book by hand on the ground that the police officer, who belongs to the above police box, she met, and she boomed the monitors on his/her book; and (d) took the monitors on his/her side with both hand, and obstructed the police officer’s legitimate performance of duties concerning

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of the Acts and subordinate statutes concerning CCTV closure photographs;

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reasons for sentencing under Article 62-2 of the Criminal Act on Probation [the scope of punishment by law] 1 to 5 years (the application of the sentencing guidelines : obstruction of performance of official duties, obstruction of performance of official duties, and the first-class special prison: in cases where the degree of violence is insignificant (requirements for mitigation): the recommended range and the scope of recommended range: the mitigated range, the imprisonment with prison labor for not less than one month and not more than eight months (the decision of sentence), the defendant for six months, the suspension of execution for two years has the history of having been sentenced to punishment by force, suspension of execution, etc. as violent crimes, and the similar crime that damages public goods are committed.

In the meantime, most of the crimes of violence which have been punished have been committed by the defendant while under the influence of alcohol, and is suspected to have a habit of violence in the state of drinking.

In addition, the crime of this case is a crime that interferes with the performance of official duties by exercising physical power against police officers who are performing official duties without any particular reason, which can ultimately affect the public interest of maintaining public order and maintaining public order.

Therefore, it is necessary to raise awareness about the defendant through severe punishment.

However, the defendant.

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