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(영문) 대전지방법원 천안지원 2016.06.09 2016고단465
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On February 12, 2015, the Defendant was sentenced to eight months of imprisonment for a crime of obstructing the performance of official duties in the Changwon District Court’s territorial branch on February 12, 2015, and completed the execution of the sentence in Daegu Prison on August 29, 2015.

around 00:50 on March 27, 2016, the Defendant was subject to a disposition of penalty as a violation of the Punishment of Minor Offenses Act on the ground that he was under the influence of alcohol on the roads in front of south-gu, Chungcheongnam-gu, Chungcheongnam-gu, Seoul and without any justifiable reason, and was given a disposition of penalty by an assistant F for a police box affiliated with the 112 police box called out after receiving the 112 report; and

Barador,

The term "Gag-mar" means that he threatened the head of the F, as the head of the F, was boomed, and the latter boomed the left shoulder of the F.

Accordingly, the Defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

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

1. Each report on investigation;

1. Previous convictions: The application of Acts and subordinate statutes to inquire about criminal history and report criminal investigations (the detection of repeated crimes);

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

1. Reasons for sentencing Article 35 of the Criminal Act for aggravated repeated crimes [Scope of Recommendation]: Punishment is very important in the case that the crime of this case is committed since the sentence was imposed and execution was completed for the same type of crime (i.e., one month to eight months) mitigation area (i., special mitigation of punishment) (i.e., special mitigation of punishment) / the same repeated crime (i.e., one year after the sentence was completed), but the victim does not want the punishment of the defendant. However, punishment is imposed in consideration of the fact that the victim does not want the punishment of the defendant, and that it is against the law.

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