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(영문) 대구지방법원 상주지원 2016.09.20 2015고단549
공무집행방해등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[criminal records] The Defendant was sentenced to a suspended sentence of two years for a year of imprisonment with labor due to a violation of the Punishment of Violences, etc. Act (Assaults, such as group, deadly weapons, etc.) at the Cheongju District Court on October 29, 2013 and the judgment becomes final and conclusive on August 22, 2014.

【Criminal Facts】

1. Around August 22, 2015, the Defendant: (a) around 22:55, Cheongju-si, Cheongju-si, the Defendant: (b) under the influence of alcohol, demanded the victim E, who is an employee working in his/her country, to leave the land; (c) the Defendant said that he/she would not bring the land to be displayed in the display site; (d) but (c) in the presence of F, the customer; and (d) the victim, as he/she is going to toward the victim, will put him/her in his/her hand, and (d) the victim “I saw this dog, and I me I fa.

b. Doz. Doz.

The victim publicly insultingd the victim by “......”

2. On August 22, 2015, the Defendant interfered with the performance of official duties, within the office of the office of the Haak-gu Office of the Cheongju Police Station in Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Cheongju, in which he heard the circumstances of damage against the said victim E, the Defendant 1 was placed in the police officer belonging to the said Ha, who listened to the circumstances of damage, and knife the victim’s parts, such as the victim, one time by hand, and continued to take the knife of the victim

Accordingly, the defendant interfered with legitimate execution of duties concerning investigation duties by police officers.

Summary of Evidence

1. Statement of the defendant in the third public trial records;

1. Statement made by the police with regard to E and I;

1. Investigation report (application, etc. for detention warrant);

1. Previous conviction: Application of a written inquiry about criminal history, and the text of the judgment;

1. Relevant Article 311 of the Criminal Act, Article 136 (1) of the Criminal Act, and Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), and the choice of imprisonment, respectively;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. Application of the sentencing guidelines [Determination of the type] The group of crimes obstructing the performance of official duties, interference with the performance of official duties, and Type 1 (Obstruction of Performance of Official Duties) [Scope of Recommendation] Imprisonment with prison labor for six months from six months to one year and four months (basic area].

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