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(영문) 대전지방법원 천안지원 2016.07.01 2016고단585

공무집행방해

Text

The punishment of the accused shall be set forth in six months.

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

Reasons

Punishment of the crime

At around 22:50 on April 3, 2016, the Defendant: (a) expressed a bath to F on the ground that D driver’s E-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P

Accordingly, the defendant interfered with legitimate execution of duties concerning investigation by police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A written statement of witness by G police officers;

1. Application of Acts and subordinate statutes to photographs of victimized police officers;

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 of the community service order;

1. Application of the sentencing guidelines [type determination] : Group 1 (Interference with and Compelling of Duties) (Determination in the sphere of recommendation] (Determination in the sphere of recommendation] basic area / 6 months to 1 year and 4 months [the scope of recommendation] / there is no effort to recover negative damage / There is no positive social relation / there is no clear social relation, serious reflectivity, or there is no criminal record of suspended sentence or more;

2. The sentence shall be determined as ordered by taking into account the following circumstances: (a) the reasons for the determination of the sentence; (b) the elimination of the chilling of a legitimate exercise of public authority; and (c) the establishment of a legal order; (d) the criminal records of the Defendant’s criminal punishment (no such force exists); (c) the recognition of the Defendant’s criminal act; (d) the fact that the Defendant appears to constitute contingent crimes; and (e) the Defendant’s age, sexual behavior