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(영문) 대전지방법원 천안지원 2016.11.10 2016고단1918
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On September 24, 2016, at around 23:55, the Defendant assaulted the Defendant’s “Cinging machine” operated by the Defendant in Seo-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-si, on September 24, 2016, in order for the Defendant to verify the contents of the report by the Assistant Inspector affiliated with the Ding Station of the YY who called out after receiving a 112 report that the said King machine employs and sell alcoholic beverages in the said King machine, such as cutting off the arms into a singing practice room and pushing it

As a result, the defendant interfered with the legitimate execution of duties of police officers in criminal investigations.

Summary of Evidence

1. Defendant's legal statement;

1. Entry of the E statements;

1. Application of video-related Acts and subordinate statutes to damaged parts of photographs;

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

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (including the favorable circumstances among the reasons for sentencing following the suspended sentence);

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

2. The scope of recommendations according to the sentencing guidelines (decision of types of punishment) shall be limited to the crimes of obstruction of the performance of official duties, and the crimes of obstruction of the performance of official duties shall be limited to the crimes of obstruction of the performance of official duties (the scope of recommendations), which have no category 1 (special persons), from

3. Determination of sentence: The punishment shall be determined as ordered in consideration of various sentencing conditions shown in the arguments of this case, such as the age, character and conduct, environment, etc. of the defendant, including the fact that the defendant was sentenced to a stay of six months in prison and two years in suspension of execution and the defendant was able to catch the hands of the police officer who intends to control singing practice room, and that the police officer was able to severely punish the defendant; that the defendant was sentenced to a fine 15 times due to the crime of this type; that there was no record of criminal punishment exceeding a fine; that there was no record of criminal punishment exceeding the fine; that the defendant was recognized as committing the crime and reflects

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