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(영문) 대전지방법원 천안지원 2016.02.04 2015고단1836
공무집행방해
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On October 24, 2015, at around 00:55, the Defendant committed assault, such as 00:5 on the front side of the Cream Zone located in Seo-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, the issue of taxi fares, and booming the above D’s face, with the taxi engineer, and booming the police officer into the said zone, and taking them into the said zone, and taking them into the said zone, and booming the Defendant out of the said zone, and booming the Defendant out of the said zone.

Accordingly, the defendant interfered with the legitimate execution of duties of the police officer on night duty.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made in the police statement protocol with D;

1. Application of Acts and subordinate statutes in writing of E;

1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act concerning the selection of punishment;

1. Grounds for sentencing under Article 62(1) of the Criminal Act (including the circumstances favorable to the following grounds for sentencing);

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

2. Where the scope of the recommended punishment according to the sentencing guidelines [the types of decisions] is minor in the degree of violence (the scope of the recommended punishment] committed by a person interfering with the performance of public duties, by a person interfering with the performance of public duties, by a person who is in a special sentencing] during the period of obstructing the performance of public duties, by a person who is in a minor

3. Determination of sentence: The sentence of imprisonment with prison labor for four months is a case of assaulting a police officer in the course of performing official duties while under the influence of alcohol, and its nature is poor; the defendant has five times (one time of suspended sentence of imprisonment with prison labor and four times of fines) punishment for the crime of this kind; on the other hand, the extent of assault committed by the defendant is relatively minor; the defendant has no record of punishment for the same kind of crime; the defendant has no record of crime after around 2004; it is against the defendant's age, sexual behavior, environment, etc.; and the various sentencing conditions shown in the arguments of this case, such as the defendant's age, sexual behavior, and environment.

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