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(영문) 대전지방법원 홍성지원 2015.09.23 2015고단660

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 became final and conclusive.

Reasons

Punishment of the crime

On August 9, 2015, the Defendant released cash from the 365 Automatic Cop, Ltd. at Hancheon-si, Hancheon-si, 57, Hancheon-si, Hancheon-ro, 57, the Defendant: (a) opened the entrance of the 365 Automatic Cop, Ltd; (b) opened the entrance of the personnel of the security enterprise to out of the 365 Automatic Cop, Ltd.; and (c) opened the entrance of the 365 Automatic Cop, Ltd.; and (d) sent to the assistant of the Chungcheongnam-gu Police Station B box of the Chungcheongnam-gu Police Station, which received a 112 report, called “the person is in custody of the Automatic Cop, Ltd.” to the assistant of the police box of the Chungcheongnam-gu Police Station: (b) puts the Dop to drinking, and (c) put it on the left part part of the Babro, and (d) put it out to D, who embling him on the side.

Accordingly, the Defendant interfered with the legitimate performance of duties by police officers on the prevention, suppression, and investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

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

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Reasons for the sentencing under Article 62(1) of the Criminal Act [the scope of applicable sentencing under the law] for the period of one to five years [the scope of applicable sentencing under the law] for the purpose of sentencing under Article 62(1) of the suspended sentence (the sentencing guidelines: the crime of obstructing the performance of official duties, obstruction of the performance of official duties, and the person with the first type special penal punishment: the case where the degree of assault, threat, and deceptive scheme is minor (a) and where there are many injured public officials (aggravated factor): the recommended area and the scope of recommended punishment: the basic area; six months of imprisonment and two years of suspended sentence are against the defendant; the defendant was committed under the influence of alcohol; the defendant was detained in the bank automation cryp; and the defendant was committed somewhat contingent after being detained in the bank automation cryp while under the influence of alcohol; the defendant's age, character and conduct, circumstances, and the circumstances after the crime are considered as favorable.