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(영문) 대전지방법원 천안지원 2016.06.03 2015고단2207
공무집행방해
Text

The punishment of the accused shall be set forth in six months.

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On October 17, 2015, at around 05:20, the Defendant: (a) received a request for radio support such as E, etc. in the circumstances belonging to the D District of the Seoananbuk-gu Police Station D District; and (b) obstructed the Defendant’s face one time, and interfered with the Defendant’s legitimate execution of duties concerning the traffic control, etc. of police officials, on the ground that F, who had arrived at the scene, demanded the Defendant to voluntarily travel to the district to measure drinking.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to photographs damaged by assault against victims;

1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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

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

1. Application of the sentencing criteria [types] : Obstructing the performance of official duties in accordance with the category 1 (Interference with and Compelling of the performance of official duties), the basic area [decision on the territory of recommendation] / [Scope of recommendation] 6 months to 1 year and 4 months (general circumstances of suspension of execution] - Un negative: criminal records of suspended execution at least twice, no effort to recover damage, and no effort to recover from damage / positive: Clear social relationship clearly and seriously reflect;

2. Determination of sentence: The sentence shall be determined as ordered by taking into account all the various circumstances shown in the trial of this case, such as the following factors: (a) the determination of sentence; (b) the elimination of a light showing a legitimate exercise of public authority; (c) the establishment of a legal order and order; (d) the recognition of the Defendant’s criminal act; (e) the Defendant has no record of criminal punishment; and (e)

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