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(영문) 대전지방법원 2015.07.23 2015고단1638

공무집행방해등

Text

A defendant shall be punished by imprisonment for six months.

except that 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

1. On March 10, 2015, at around 12:40-13:07, the Defendant interfered with his/her duties: (a) 12:40-13:07, the Defendant was able to avoid disturbance for about 25 minutes, including: (b) he/she found the victim D in the Daejeon Dong-gu Daejeon-gu, and (c) “Iskin at the time of weather”; (d) she was able to see the Defendant’s panty only at the entrance of the restaurant; and (e) she was able to keep the Defendant out of the restaurant; and (e) she was able to have his/her clothes cut, sound, and k

Accordingly, the defendant interfered with the victim's restaurant business by force.

2. On March 10, 2015, the Defendant, at the entrance of G cafeteria located in the Daejeon Dong-gu, Daejeon, on March 13:20, 2015, obstructed the performance of official duties, she continued to see the words “I see that I would see that I would like to say, “I will see their clothes when I go through,” who was called “I, I would like to see that I would well see the flap police.”

Accordingly, the defendant interfered with the legitimate execution of duties concerning the handling of reports and maintenance of order by police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to D and I

1. Relevant Article 314(1) of the Criminal Act, Article 136(1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspension of execution [Scope of recommending punishment]; consideration of various conditions of sentencing, such as the crime of obstruction of performance of official duties; the obstruction of performance of official duties (type 1); the basic area of imprisonment; the six months to one year and four months (decision of sentence]; the two times a fine of the same kind; the victim’s non-existence of punishment; the motive and circumstance leading to the crime of obstruction of business; the motive and circumstance leading to the crime; the degree of actual damage; the defendant’