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(영문) 대전지방법원 논산지원 2014.08.26 2014고단248

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

On April 30, 2014, around 21:45, the Defendant 21:45, the Defendant drunkd taxi engineers and drivers at the front of the Seosan Police Station C District, which was located in Seosan-si B, in front of the Seosan Police Station C District, or got a high-quality report by driving on the road, and the Defendant was informed of the status D belonging to the C District, thereby keeping D’s breast part by hand, and made one time the inside part of D’s chest by hand.

In the end, the Defendant interfered with the legitimate performance of duties by police officers concerning the handling of 112 reports.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police on D;

1. Each description of the police statements of E, F and G;

1. Application of each of the Acts and subordinate statutes in a copy of work log and investigation report;

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. Grounds for sentencing under Article 62-2 of the Criminal Act, 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 to suspend the execution: There is no negative reason for the suspension of the execution of two years [main reasons for the suspension of the execution] positive: There is no negative reason for the suspension of the execution of imprisonment with prison labor accompanied by probation and community service order within the scope of the recommendation, comprehensively taking into account the following factors: the serious negative reason for the suspension of the indictment of violence, one time before the suspension of the indictment of violence, the reason for the general reference, and all the circumstances revealed in the arguments in this case before the suspension of the indictment of violence, and the