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(영문) 전주지방법원 2015.08.28 2015고단873
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On January 13, 2015, the Defendant demanded 300,000 won of hospital medical expenses for the registration of disabled persons and disabled persons to return home from C without any ground within the Do-dong community service center located in the middle of Kim Jong-si, Kim Jong-si, and obstructed legitimate performance of public duties related to the welfare of residents of local administrative public officials by assaulting and threateninging and threatening 7 times to walk up the drinking 4 times to the flabb, singing down the flab, singing down the flab, singing down the flab, the flab, etc. of the flab.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement of C or D;

1. Application of Acts and subordinate statutes on internal investigation reports (referring to cases of attaching photographs);

1. Relevant provisions of the Criminal Act and reasons for sentencing under Article 136 (1) of the Criminal Act for the choice of punishment;

1. The scope of applicable sentences under law: Imprisonment for one month to five years; and

2. The scope of the recommended sentence according to the sentencing guidelines [the range of the recommended sentence] of the obstruction of the performance of official duties, the basic area [the scope of the recommended sentence] of the first category of the obstruction of the performance of official duties (the obstruction of the performance of official duties/the coercion of official duties], six months to one year.

3. Determination of sentence: A sentence of imprisonment with prison labor for 6 months is clear, but the defendant does not make any effort to recover from damage, and the defendant has not committed several times since November 2014, and the defendant has found the community service center of this case and continued to commit the crime of this case, and there is no good situation before and after the crime. In light of the fact that there is a history of punishment, such as punishment imposed by the defendant several times as a crime related to violence, and there is a history of having been sentenced to the suspension of the execution of imprisonment with prison labor for the same kind of crime, it is inevitable to punish the defendant with strict liability.

The age, character and conduct, environment, and age of the defendant.

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