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(영문) 대전지방법원 천안지원 2015.09.17 2015고단1259
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On October 24, 2014, the Defendant was sentenced to imprisonment for ten months with prison labor for a violation of the Punishment of Violences, etc. Act (collectively weapons, etc.) at the Daegu District Court, and the sentence was finalized on August 21, 2015.

At around 01:20 on May 31, 2015, the Defendant: (a) was drunk in front of a cafeteria “D” restaurant located in Western-gu, Seocheon-gu, Seocheon-gu; (b) was under patrol, and (c) was able to look at the Defendant’s personal information and to her house to the police officer affiliated with the Incheon Western, Seoan, Northern Police Station E zone, where he was patroled; and (d) the Defendant was able to control the Defendant on his own vehicular road.

Accordingly, the Defendant committed assault, such as “Nehhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on public peace and maintenance of order.

Summary of Evidence

1. Statement made by the police on the F of the defendant's legal statement;

1. Previous records of images of the photographs taken by the damaged body: Application of each of the Acts and subordinate statutes of criminal records, replys to criminal records, investigation reports (verification of facts in the appellate trial on each suspect's case), written judgments (Tgu District Court 2014No3566), written judgments (Tgu District Court 2014No4086);

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Scope of the applicable sentences in the Act on the Reasons of sentencing under Article 62 (1) of the Criminal Act (Consideration of favorable circumstances among the reasons for sentencing): Imprisonment with prison labor for not less than one month but not more than five years;

2. The scope of the recommended sentence according to the sentencing guidelines [the sentencing guidelines shall not apply to the crimes of violation of the Punishment of Violences, etc. Act (a violation of the Act on the Punishment of Violence, etc., for which the judgment becomes final and conclusive and the crimes of this case are concurrent crimes under the latter part of Article 37 of the Criminal Act] [the decision of the

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