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(영문) 대전지방법원 논산지원 2014.03.25 2013고단586

공무집행방해

Text

1. The defendant shall be punished by imprisonment for six months;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

around 14:30 on September 20, 2013, the Defendant: (a) sought from C a call from C on the ground that it was not a proper operation of a bed work requested from C; (b) sought from C, and laid off C while under the influence of alcohol; (c) took a bath to C; and (d) received a report from C, the Defendant was removed from C, the police officer’s seat at one time, and interfered with the legitimate performance of duties concerning police officer’s reporting and withdrawal of duties.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of the Acts and subordinate statutes to each police statement made to E and C;

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc.;

1. Scope of sentenced punishment: One month to five years 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: Six months of imprisonment; and

4. Whether or not a suspended sentence is positive: There is no negative negative reason for the suspended sentence of two years [main reasons for a suspended sentence]: positive reasons for a suspended sentence of two years: (general reasons for a suspended sentence of imprisonment with prison labor accompanied by probation, community service order or order to attend a lecture, such as probation, and order to attend a lecture within the scope of the recommended sentence, comprehensively taking into account all the circumstances revealed in the arguments, including the main reasons for the suspended sentence of imprisonment and the reasons for the suspended sentence of imprisonment with prison labor, including the crime of obstruction of performance of official duties, in addition to the main reasons for the suspended sentence of imprisonment with prison labor and the reasons for the suspended sentence of the defendant's detention, as seen earlier;