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(영문) 대전지방법원 공주지원 2019.09.06 2019고단163

공무집행방해등

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

1. On March 31, 2019, the Defendant assaulted, at around 16:55 on March 31, 2019, the victim C (the age of 16) who was waiting for a bus at the bus stops in front of the B market prior to the bus stops one time by hand without any reason.

2. On March 31, 2019, at around 16:58, the Defendant committed the same assault as the preceding paragraph on the front side of the “E pharmacy” located in D, the Defendant: (a) committed an act of obstruction of performance of official duties; (b) while G was traveling away from the front side of the “E pharmacy,” the background leading up to the F District of the Public Police Station, which was called out after having received the notification of 112 by C, to the middle-band long distance of damage, G was boomed by his/her finger, while performing his/her desire to drive away himself/herself; and (c) committed an act of assaulting G’s chest by spreading his/her finger

Accordingly, the defendant interfered with the legitimate execution of police officers' duties concerning the handling of 112 reported cases.

Summary of Evidence

1. Each legal statement of witness C and G;

1. Application of field photographs and CD CCTV-related Acts and subordinate statutes;

1. Relevant Article 260(1) of the Criminal Act, Article 136(1) of the Criminal Act, and Article 136(1) of the Criminal Act, and the choice of imprisonment, respectively, for the crime;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 crime (decision of types of violence) (decision of types of violence) and the case where the degree of assault (special mitigation) is minor, the mitigated area of assault [the recommended area and the scope of recommendation], one month to eight months of imprisonment;

B. Second Crimes (Determination of Punishment) (Obstruction of Performance of Official Duties) where the degree of obstruction of performance of official duties / [No. 1] coercion of official duties / [Special Mitigation] assault, intimidation, and deceptive scheme is minor [the scope of recommendation area and recommendation range] mitigation area, imprisonment with labor for one month to eight months.

(c) Scope of recommendations according to the standards for handling multiple crimes: One month to one year;

2. The fact that the sentence was committed without any particular reason, and there is no reflectivity until now, and violence and violence.