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(영문) 대전지방법원 홍성지원 2015.10.21 2015고단752
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On August 11, 2015, the Defendant received 112 reports and sent out the D restaurant located in Bohyeong-si, Bohyeong-si, D, E and E, an employee of the Defendant, who had a dispute at the same time due to the problem of the E and the drinking value. As a result, the Defendant entered the D restaurant in Bohyeong-si, Bohyeong-si, and the background leading up to the F District Unit in the Chungcheongnaman Police Station, G, and the slope H received 112 reports and called out.

While the Defendant was aware of the contents of the said G and H’s 112 Report, the Defendant expressed his desire to “I have reported, I would like to take E in good hands,” and expressed it, and “I would like to do so, I would like to do so, and “I would like to do so, I would like to do so, I would like to do so, and I would like to do so, and I would like to have the part of the said G’s elbbel with a kh with the wheels who would have the said G’s elbel with the Defendant, and the said H prevented the Defendant, and assaulted the said H’s son once.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning 112 reports.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of G and H;

1. Application of Acts and subordinate statutes to photographs of victims;

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Determination of the types of punishment [Application of the sentencing guidelines] under Article 62 (1) of the Criminal Act (including the cases where the defendant is against the defendant, the extent of violence is relatively minor, the fact that the defendant committed a somewhat contingent crime under the influence of alcohol, and the fact that he has no criminal record of suspended execution or more severe punishment] for not less than one month but not more than five years (limited to the applicable sentencing guidelines]: Imprisonment for not less than one month but not more than five years: Performance of official duties, obstruction of performance of official duties, obstruction of performance of official duties, special amnesty of Type 1: cases where the degree of assault and threat is minor (subject to mitigation), the recommended range and the recommended range where there are many damaged public officials (subject to mitigation): The basic area; imprisonment for not less than six months and not more than one year and not more than

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