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(영문) 대전지방법원 논산지원 2014.07.25 2014고단176
공무집행방해
Text

1. The defendant shall be punished by imprisonment for six months;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

On November 3, 2013, at around 19:08, the Defendant drinking alcohol at the frequency of “C” located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, and 112 reported and sent out to the Defendant, saying, “I am out,” the Defendant called “I am out,” and assaulted “I am out near drinking,” and interfered with the police officer’s legitimate performance of official duties concerning E’s 112 reporting and withdrawal operation.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes to each police statement made to E, F, G, and H;

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. Scope of sentenced punishment: One month to five years of imprisonment;

2. Sentencing Criteria [Determination of Punishment] Each group of crimes concerning obstruction of performance of official duties, and Type 1 (Compulsory Obstruction of Performance of Official Duties) (Scope of Recommendation): Imprisonment or imprisonment for a period of eight months: In cases where the degree of assault and threat is insignificant / No special aggravation element exists.

3. Determination of sentence: Six months of imprisonment; and

4. Whether the suspended sentence is suspended or not: The defendant 2 years of the suspended sentence exercises force against police officers who were in fluenced by her mother and mother, and threatens them; the defendant tried to harm them on the ground that the cafeteria reported to the police to the police; the defendant's previous convictions of the violent fine and one time of the suspended indictment for violence are disadvantageous to him.

However, it is advantageous to the fact that the defendant reflects the crime, the extent of violence and threat is minor, and there is no criminal record of suspended execution or more.

The scope of the recommended sentence shall be comprehensively taken into account the various circumstances shown in the pleadings, such as the age, character and conduct, and environment of the accused.

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