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(영문) 대전지방법원 홍성지원 2014.06.11 2014고단266

공무집행방해

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 9, 2014, at around 15:25, the Defendant: (a) took a bath to “I do not have any license; (b) I do so”; and (c) expressed his driver’s license on the grounds that the Defendant driven the C truck, while driving the C truck in front of the Hongsung-gun, Hongsung-gun, on the ground that he was fluoring the central line of yellow real vessels, and was influored twice by her hand on the part of the Defendant.

As a result, the Defendant interfered with the legitimate execution of duties by police officers on traffic control.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

1. Relevant Articles of the Criminal Act and Article 136 (1) of the Criminal Act concerning the crime. Article 136 (Selection of Imprisonment or Imprisonment);

1. Determination of the type of sentencing [the scope of recommendation according to the sentencing guidelines] under Article 62(1) of the Criminal Act (the favorable circumstances for sentencing) of the suspended sentence: The scope of recommendation for the crime of obstruction of performance of official duties, the crime of obstruction of performance of official duties, and the crime of obstruction of performance of official duties when the degree of assault is minor: the range of recommendation for the crime of obstruction of official duties: imprisonment with prison labor for not less than one month but not more than eight months (the decision and suspension of execution of sentence]; imprisonment for not less than four months; imprisonment with prison labor for not more than one year and not more than eight months (the decision and suspension of execution of sentence]; the nature of the case; the circumstance or result of the crime is not good; however, there are no criminal records for the same kind of crime; there is no penalty force exceeding fines; the defendant's family relation or surrounding environment; the defendant's family relation or surrounding environment is clear that the execution of the sentence will be suspended in consideration of the order and execution of the sentence.