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(영문) 대전지방법원홍성지원 2020.10.06 2020고단633
공무집행방해등
Text

The punishment of the accused shall be eight months by imprisonment.

except that the above sentence shall be executed for a period of two years after the judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 7, 2020, at around 00:48, the Defendant was urged to calculate the drinking value from the victim E (math, 40 years of age) who is a slope belonging to the police box of the Chungcheongnam-gu Police Station D police station called up, and return home, and return home, without calculating the drinking value.

The defendant tried to see the victim's side blue with his right blue, and the victim expressed his desire to flue the defendant's hand with his left hand, and blue the victim's hand to flue the victim's drinking, and blue the victim's hand to flue the victim's drinking, and again blue the victim's back part to blue the victim's back with his own drinking.

As a result, the Defendant interfered with the legitimate execution of duties of police officers regarding the 112 Reporting Cases, and at the same time, the Defendant inflicted on the victim about about six weeks of medical treatment, such as the 5th hand-type hand-off loss.

Summary of Evidence

1. Application of Acts and subordinate statutes to the defendant's legal statement F, E, and G of each police officer's protocol of statement, on-site photographs, and on-site photographs of damaged parts;

1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts and Article 257 (1) of the Criminal Act;

1. Selection of an alternative imprisonment with prison labor under Articles 40 and 50 of the Criminal Act;

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

1. Since a crime is in an ordinary concurrent relationship with the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act, the sentencing guidelines are not applicable, for reference, the sentencing guidelines for a crime of serious injury, the statutory penalty of which is heavier, are as follows: [Type 1] general injury [the scope of recommendation and recommendation] basic area (the scope of recommendation field and recommendation type], police officers who have been subject to the decision of sentence of April through January 6], and injury by assault.

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