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(영문) 대전지방법원 논산지원 2015.09.11 2015고단243
공무집행방해등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

1. On April 7, 2015, at around 00:20, the Defendant: (a) boarded the victim’s right side of the victim’s taxi on the street in front of the convenience store located in Chungcheongnam-gun, Chungcheongnam-do; (b) arrived at the G Guardhouse located in the G Guardhouse in the Chungcheongnam-do, Chungcheongnam-do, the destination of which was scheduled; and (c) assaulted the victim at one time at the right side of the victim’s right side, without any justifiable reason, without seeking the victim’s speech that the taxi is within the taxi fee.

2. At around 01:00 on April 7, 2015, the Defendant: (a) expressed a desire to “in the case of a police officer; (b) the police officer, who belongs to the said district group, would be able to return home to the Defendant by paying a taxi fee to the Defendant,” and assaulted the J two times the vessels of the J on drinking.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the prevention, suppression and investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Application of the police statement law to D and J

1. Relevant legal provisions concerning criminal facts, Article 260(1) of the Criminal Act, Article 136(1) of the Criminal Act, and Article 136(1) of the Criminal Act, and the choice of imprisonment, respectively;

2. Grounds for sentencing of concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 (limited to the sum of the long-term punishments of the crimes of obstruction of performance of official duties with heavy punishment) of the Criminal Act;

1. Recommendations based on sentencing standards;

(a) Where the degree of assault, threat, and deceptive scheme, which is a special mitigation (one month to eight months), is minor, within the scope of the first category of recommendation (in the case of obstruction of performance of official duties) and the mitigated area (in the case of coercion of official duties).

(b) The case where the degree of assault, which is a special mitigation, is minor, within the scope of recommending the second crime (finite) and the first category (finite to August) and the mitigated area (finite to August).

(c) 1 month to one year, based on the increase in multiple offenses, the final sentencing range based on the comparison of applicable sentences with recommended sentences;

2. Determination of sentence;

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