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(영문) 대전지방법원 천안지원 2017.02.09 2016고단2336
공무집행방해등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around 01:05 on July 31, 2016, the Defendant: (a) was parked in the parking lot located in Asan-si, Asan-si, Asan-si, Asan-si; (b) expressed that he would interfere with the business of the Defendant’s wife; (c) was asked to move the vehicle from F to the said F on the ground that he could interfere with the business of the earth; and (d) again moving the vehicle from G from the background belonging to the said D on the request of the said G on the ground that he would interfere with the business of the said D on the ground that the said D on the ground that the vehicle would interfere with the business of the earth; and (d) again moving the vehicle from G to the said G on the ground that the said D on the ground that the f on the ground that the f on the f on the f on the f on the f on the f on the ground that the f on the f on the f on the f on the ground that the f on the f on the f on the ground.

As a result, the Defendant interfered with the legitimate execution of duties of police officers in relation to their duties, and at the same time inflicted an injury on the G.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement concerning G in the police statement protocol;

1. Descriptions of a medical certificate;

1. Application of statutes on images of on-site photographs;

1. Article 136(1) of the Criminal Act applicable to the facts constituting an offense (the point of obstructing the performance of official duties) and Article 257(1) of the Criminal Act;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (Aggravation of concurrent crimes with the punishment heavier than that prescribed for the crime of injury);

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act on the grounds for sentencing as follows);

1. Reasons for sentencing under Article 62-2 of the Criminal Act on the observation of protection and order to attend lectures;

1. The scope of punishment by law: Imprisonment for not less than one month but not more than seven years;

2. The scope of the recommended punishment according to the sentencing guidelines (the above two crimes are related to the ordinary concurrent crimes, and thus, the sentencing guidelines shall not apply) 1 crime (the crime of obstructing the performance of official duties) / [the type] crime obstructing the performance of official duties, and one type of crime obstructing the performance of official duties (the obstruction of the performance of official duties).

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