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(영문) 대전지방법원 논산지원 2014.04.15 2014고단100

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On January 25, 2014, from 23:06 to 01:02 on January 26, 2014, the Defendant threatened six persons, including police officers E and F, who belong to the D District Office of the D District Police Station of the D District Police Agency where Chungcheongnam-gun, Chungcheongnam-gun, to whom he was assigned, “I refuse to live in the world. I want to do so. I do not want to live in the world. It is complicated and complicated and complicated, and I want to think that it is. I would like to send the house to the house of the day. I would not see the police officer if I will die. I will die. I will die.” On the other hand, the Defendant threatened the police officer to the outside of the district, and obstructed the police officer’s legitimate performance of duties in relation to civil petitions and reporting by using force, such as intending to take advantage of boomr glass.” In other words, the Defendant interfered with the police officer’s performance of duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement regarding E;

1. Application of statutes on images of field photographs;

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. Reasons for sentencing selective sentence of imprisonment with prison labor;

1. The scope of applicable sentences: Imprisonment with prison labor for one month to five years (ordinary concurrence and choice of imprisonment);

2. Sentencing Criteria [Determination of Punishment] Group of Crimes of Obstruction of Performance of Official Duties, Type 1 (Compulsory Obstruction of Performance of Official Duties) (Scope of Recommendation] Basic Area: Imprisonment with prison labor for a period of six months to one year and four months: None of special factors

3. Determination of sentence: In full view of the following facts: (a) two-month criminal records prior to the suspension of performance of official duties in June, and the Defendant, who had been prior to the suspension of execution of official duties, committed another crime again; (b) and (c) intimidation against police officers who met the D District Office for the two-hour period under the influence of alcohol and fright to wear a uniform, the Defendant has a tendency to disregard the public authority, and thus, it is inevitable to sentence sentence on the grounds that violent inclinations are farming and disregarding the quality of the crime.

However, the defendant is against the crime, and the police officers are against the crime.