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(영문) 대전지방법원 천안지원 2016.01.22 2015고단1905
공무집행방해
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

Around June 2015, the Defendant was issued ad hoc measure that orders the court to prohibit access to C by habitually assaulted C by his spouse in a de facto marriage, but at night on August 23, 2015, the Defendant was voluntarily accompanied to the said district by the circumstances E surrounding the assignment of D District Units of the Yancheon-gu North Korean Police Station D, the Defendant sent to the said district after receiving a report from the victim, by finding him/her in his/her residence at night and opening his/her door door at night.

On August 24, 2015, the Defendant: (a) around 01:38, at the Ddistrict parking lot located in the Seo-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu; (b) finished identifying the circumstances of the said case, and (c) requested the police officer, etc. to leave the house to the house, and asked him to answer that his duties are impossible; (d) when he heard the answer that he was unable to perform his duties, the Defendant took a bath to the said G by stating, “I am back to the house, swe swe swe swe swe swe swe swe swe swe swe swe swe swe swe swe swe swe swe swe swe swe swe swe swe swe s

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes in which statements made by the police in G are recorded;

1. The relevant Article of the Criminal Act and the grounds for sentencing under Article 136 (1) of the Criminal Act for the choice of criminal facts;

1. Type 1 (Interference with and Compelling on the Performance of Official Duties) (Special Sentencing) mitigation element - Where the degree of violence, intimidation, and deceptive scheme is minor (decisions in the sphere of recommendation), imprisonment with labor for one month or from eight months;

2. On December 20, 2013, the Defendant, who was sentenced to a suspended sentence on October 10, 201 to imprisonment with prison labor due to an injury, etc. at Daejeon District Court, committed the instant crime of assaulting a police officer while making an unreasonable demand within the district, even though he was in office for the suspended sentence period.

In addition, during the period of the suspension of execution, the defendant has caused violence, such as property damage, on several occasions, and was punished as a crime interfering with the performance of official duties in 2012.

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