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(영문) 대전지방법원 서산지원 2019.02.14 2018고단1178
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 13:20 on October 15, 2018, the Defendant sought a request from D, who is a public official for local nursing assistant, to provide clothes for the purpose of self-cover vaccination from D, a public official for local nursing assistant at D's branch located in Jin-si B, Jin-si on the ground that he/she is bad, and the Defendant used the dispute for the reason that he/she would be bad, and the Defendant used the D's arms for which he/she had been vaccinated "at any time for which he/she was unable to do so," and assaulted the D's arms for which he/she had been vaccinated on two occasions and three times the head.

Accordingly, the Defendant interfered with the legitimate performance of duties by public officials on public health care.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A report on internal investigation:

1. 112 Notification to the department related to the report of the case;

1. Application of statutes on site photographs;

1. Relevant Articles of the Criminal Act and Article 136 (1) of the Criminal Act concerning the crime. Article 136 (Selection of Imprisonment or Imprisonment);

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Application of the sentencing criteria [Scope of Recommendation] The basic area (referring to six months to one year and six months) of the obstruction of performance of official duties; and

2. Determination of sentence: Although the criminal defendant’s punishment was not minor in that he/she takes a bath to a public official in the process of performing his/her duties and uses violence, the punishment is determined as ordered by comprehensively taking into account various conditions of sentencing recorded in the records, such as the defendant’s age, character and conduct, environment, circumstances leading to the instant crime, circumstances after the instant crime, etc., and the following:

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