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(영문) 대전지방법원 천안지원 2016.06.17 2016고단126

공무집행방해

Text

The punishment of the accused shall be eight months by imprisonment.

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

At around 21:01 on January 14, 201, the Defendant: (a) expressed his desire to “D” main points located in Seogbuk-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu; (b) the Defendant, upon receiving a report from 112, sent to the said site by the Defendant, expressed that he was urged to return home from 112 police officers belonging to the Seocheon-gu, Seocheon Police Station Ear-gu, Seocheon-gu, the Defendant called “I ambling, singe, singe, singe, singe, singe,” and assaulted F to require him to return home continuously, and obstructed the police officer’s legitimate performance of duties concerning the handling of reports by 112.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. A copy of the work site of E earth;

1. Application of Acts and subordinate statutes to photographs of victims;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. Application of the sentencing guidelines [Type Determination] The basic area [Determination of the sphere of recommendation] of Type 1 (Interference with and Forced Performance of Official Duties) [Determination of the sphere of recommendation] [Scope of punishment] from June to one year and four months [General Reasons for Suspension of Execution] - The two or more times of suspended execution, and no effort to recover damage shall be made;

2. Determination of sentence: (a) the grounds for each of the above extenuating circumstances such as the determination of sentence; (b) the removal of a rumoring a legitimate exercise of public authority and the establishment of a legal order; (c) the Defendant’s criminal records; and (d) the degree of the instant crime; (c) the fact that the degree of the instant crime is not relatively heavy; and (d) the fact that the Defendant appears to constitute contingent crimes; and (e) other circumstances shown in the instant trial,