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(영문) 전주지방법원 2017.09.26 2017고단1225
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On March 3, 2017, the Defendant interfered with general traffic by opening the front door door of the DI-30 vehicle owned by the Defendant on the one-lane road in front of the Yansan-gu Seoul Metropolitan City building on March 12:10, 2017, and blocking general traffic by blocking one direction by setting up about 20 minutes of the road in a state where the movement takes place, without any reason.

2. On March 3, 2017, the Defendant interfered with the performance of official duties at the foregoing place, around 12:30, and the police officer F of the Police Station E (a police box) of the Jeonnsan Police Station E (hereinafter referred to as 112 reported) requested the Defendant in the vehicle to leave the vehicle. The Defendant interfered with the police officer’s legitimate performance of duties regarding the handling of the police officer’s 112 report and the suppression of crimes by assaulting the F, i.e., assaulting the Defendant, “g., g., g., g., g., g., g., g., g., g., g., in the vehicle.”

Summary of Evidence

[Judgment]

1. Statement by the defendant in court;

1. Each police statement made to F, G, and H;

1. Application of Acts and subordinate statutes for reporting internal accidents;

1. Relevant Article 136 of the Criminal Act, Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), Article 185 of the Criminal Act (the point of obstructing general traffic), and the choice of imprisonment with prison labor;

1. The provision of the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (the aggravation of concurrent crimes with punishment prescribed by a crime of interference with general traffic heavier than punishment);

1. Article 62 (1) of the Criminal Act on the stay of execution (Consideration of favorable circumstances among the following grounds for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one month to 15 years;

2. Scope of the recommended sentences according to the sentencing criteria;

(a) A crime of Type 1: A crime of interference with the performance of official duties [type determination]; a person who does not have any type 1 (Interference with the performance of official duties and coercion of duties] [decision in the sphere of recommendation] (decision in the sphere of recommendation]; a person who is punished by imprisonment with labor for up to six months from June to June;

B. Handling multiple crimes: Imprisonment with prison labor for not less than six months (a crime for which the sentencing guidelines are set and a crime for which the sentencing guidelines are not set shall be concurrent crimes under the former part of Article 37 of the Criminal Act.

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