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(영문) 대전지방법원 천안지원 2016.08.12 2016고단1077
공무집행방해
Text

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

Reasons

Punishment of the crime

On April 29, 2016, the Defendant was sentenced to six months for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Daejeon District Court's Support for the same year.

5. 10. The judgment became final and conclusive.

At around 11:30 on March 30, 2016, the Defendant operated Oral Ba-dong, Asan-si without wearing a safety cap on the front side of 101, an apartment 101-dong, Asan-si, and went beyond the floor by breaking down the control by a policeman D, who is a patrol force on the wearing of a safety cap by a policeman D, who is a police officer of the ASEAN Police Station C, and gets off the floor. The Defendant expressed that “a person who does not have any scak any scak, shall be scked and grow,” and put up the d above the floor by shicking it with both hands.

Accordingly, the defendant interfered with legitimate execution of duties by police officers on traffic control.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A written statement of E;

1. Photographss, damaged photographs, and photographs (related to the case) of the suspect;

1. References to inquiries, such as criminal history, and the application of Acts and subordinate statutes on investigation reports (the same force review of suspect A);

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

1. The latter part of Article 37 of the Criminal Act on the Handling of Concurrent Crimes: (a) it is necessary to resolve a climate that impedes the exercise of legitimate public authority on the grounds of sentencing under Article 39(1) and establish a legal order; (b) the criminal records of the defendant, the recognition and depth of the crime by the defendant; (c) the defendant has a family member who is to be supported and equitable with the case to be judged simultaneously with the violation of the Act on Special Cases Concerning the Handling of Traffic Accidents in the Judgment; and (d) other various circumstances shown in the trial of this case, including the defendant's age, sex behavior, environment, and criminal records; and (e) determine the punishment as ordered.

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