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(영문) 대전지방법원 2016.04.20 2016고단201
공무집행방해
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[criminal records] The defendant was sentenced to a suspended sentence of two years in April 23, 2014, for a crime of violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) at the Daejeon District Court on April 15, 2014, and the judgment became final and conclusive on April 23, 2014, and is still under the suspended sentence.

[Criminal facts] On January 4, 2016, the Defendant: (a) received a demand from a police officer, who works in the Dong-gu Daejeon Police Station D police station located in Daejeon Dong-gu, Daejeon to take a bath at the police station D police station located in Daejeon Dong-gu, Daejeon; and (b) received a demand from a slope E belonging to the above Dong-gu to return home from the above Dong-gu; and (c) received a demand from E to return home on the front of the above Dong-gu.

The death shall be discarded.

“Along with the desire to read “,” and assaulted E’s chest with her hand, thereby hindering police officers’ legitimate execution of their duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. CCTV photographs;

1. Previous convictions: Inquiry of criminal history, reporting of minor convictions and application of statutes of the judgment;

1. Relevant Article 136 of the Criminal Act, Article 136 (1) of the Criminal Act, the reasons for sentencing of sentence of imprisonment with prison labor, and the reasons therefor;

1. Where the scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] is limited to the mitigated area (one month to eight months), and violence is minor;

2. Determination of sentence: (a) the degree of assault of this case is minor; and (b) the fact that the defendant reflects the crime is favorable.

However, the Defendant committed the instant crime without being aware of the fact while under the suspension of execution, and committed the instant crime even in addition to the instant case, despite being sentenced to each of the fines by committing the crime of interference with business and the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (i.e., escape vehicles) during the suspension of execution, and again committed the instant crime.

In consideration of this point, even if considering the favorable circumstances above, the sentence of sentence is inevitable for the defendant.

The age, sex, and environment of the defendant.

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