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(영문) 대전지방법원 2016.07.13 2016고단1329
공무집행방해
Text

A defendant shall be punished by imprisonment for six 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

On April 26, 2016, around 01:05, the Defendant: (a) entered a district belt located in Seo-gu Daejeon, Seo-gu, Daejeon; (b) without any justifiable reason, and (c) made it possible for a police officer to take a bath to E while working; and (d) recommended the above E to go to his house; and (b) thereby, the Defendant avoided the disturbance, such as having caused water to go to the said E; and (c) interfered with the police officer’s legitimate performance of duties concerning the police officer’s duty.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes of paragraph (E) of a part of damage;

1. Article 136 (1) of the Criminal Act applicable to the facts constituting an offense;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Where the extent of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] is minor and the degree of assault is limited to the area of special mitigation (one month to eight months) (a person subject to special mitigation).

2. The fact that the sentence of sentence is inferior to the nature of the crime, the fact that the person was punished for obstructing the performance of official duties, and the fact that there are many criminal records of violence are disadvantageous.

The fact that the defendant is recognized and against the defendant, the fact that the damaged police officer is taking the defendant's seat, and the degree of violence is minor is favorable.

In addition, the sentence shall be determined as ordered in consideration of the overall sentencing conditions shown in the pleadings of this case, such as the defendant's age, sex, environment, etc.

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