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(영문) 대전지방법원 천안지원 2019.03.07 2018고단2712
공무집행방해
Text

Defendants shall be punished by imprisonment for six months.

However, for one year from the date when this judgment became final and conclusive against the Defendants, respectively.

Reasons

Punishment of the crime

1. On August 6, 2018, at around 23:55, Defendant A filed a complaint against the Defendant’s arrest of B, who was a flagrant offender, who was sent to the scene after having received a report of 112 from the 13:55 on the part of Asan City, and prevented him from arresting the Defendant as a flagrant offender, and the police officer assigned to the F police box, who was arrested the Defendant as a flagrant offender, at one time the left-hand part of H’s face value.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in regard to the handling of 112 reported cases and arrest of flagrant offenders.

2. Defendant B: (a) around August 6, 2018, around 23:55, the police officers belonging to the F police box, who received 112 reports at a park in the above D, attempted to arrest the said A as a flagrant offender, he/she sawed, plucked or pushed off the 1 and the police officers belonging to the F police box, to stop the arrest of the said A as a flagrant offender.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in regard to the handling of 112 reported cases and arrest of flagrant offenders.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each statement of H, I, and J;

1. Application of the relevant Acts and subordinate statutes to the F police box service place;

1. Article applicable to criminal facts;

(a) Defendant A: Article 136(1) of the Criminal Act

B. Defendant B: Article 136(1) of the Criminal Act

1. Defendant B of the ordinary concurrence: Articles 40 and 50 of the Criminal Act;

1. Selection of each sentence of imprisonment;

1. Article 62 (1) of the Criminal Act of the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of each community service order;

1. Scope of applicable sentences under law: One to five years of imprisonment;

2. Scope of recommended sentences according to the sentencing criteria;

A. Defendant A [Determination of Punishment] The obstruction of Performance of Official Duties (Type 1] There is no person who has been engaged in the obstruction of performance of official duties (the scope of recommendations and recommendations), the basic area of the obstruction of performance of official duties (the scope of recommendations and recommendations), six months to one year and six months.

B. Although the sentencing criteria are not applicable to Defendant B’s ordinary concurrent crimes, they refer to the sentencing criteria for each crime (the same as the sentencing criteria for Defendant A). 3. It is not good to determine the sentencing criteria;

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