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(영문) 대전지방법원 2016.07.14 2016고단1382
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 25, 2016, the Defendant: (a) around C 15:10 on the front day of the Daejeon Seo-gu Daejeon, Daejeon; (b) received a penalty payment notification from D with regard to the Defendant’s act of traffic signal violation; (c) on the ground that the amount of the penalty was less than the amount of the penalty; (d) on the ground that the said D did not enter it, the Defendant expressed the desire, such as “the Chewing dog type,” and obstructed the police officer’s performance of duties on traffic control, by assaulting the Defendant, such as flabing the flaps of the said D, and flading the flash, thereby obstructing the police officer’s performance of duties on traffic control.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of statutes to a penalty payment notification;

1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act on the suspension of execution (the act of assaulting the police officer to perform public duties by taking custody of uniform) (the act of assaulting the police officer to perform public duties is deemed to interfere with public duties to be strictly executed, and the crime

The following can be seen: (a) under the circumstances unfavorable to the Defendant, the Defendant appears to have committed the instant crime; (b) the Defendant deposited certain money as compensation for damage to the police officer, and the Defendant did not have any criminal record exceeding the fine, etc.; (c) under the favorable circumstances for the Defendant, the Defendant is selected to be sentenced to imprisonment by taking into account all the conditions of sentencing prescribed in Article 51 of the Criminal Act, including the Defendant’s age, sex, environment, motive, means and consequence of the instant crime; and (d) the conditions of sentencing prescribed in Article 51 of the Criminal Act, such as the circumstances before and after the instant crime, and the scope of recommended sentence according to the sentencing guidelines

1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act of the community service order;

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