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(영문) 청주지방법원 영동지원 2012.11.08 2012고단306
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On May 12, 2011, the Defendant was sentenced to one year to imprisonment for a violation of the Punishment of Violences, etc. Act (collectively, deadly weapons, etc., Intimidation) in Young-dong Branch of the Cheongju District Court (collectively, deadly weapons, etc.) and completed the execution of the sentence in the Cheongju District Court on March 10, 2012.

At around 18:40 on July 8, 2012, the Defendant, at the front of the Chungcheongnam-dong C Elementary School, Chungcheongnam-do, Chungcheongnam-do, and the Defendant, upon receiving 112 a report and her arrival at the site, caused the Defendant, and she was frighter to the border E belonging to the Dong-dong Police Station D District Unit, Young-dong, where she walked, and she she she she she she she she she she she she. she she she she she she she she she she she she she she she she she she she she she she she she she she she she she. The Defendant she she she she she she she she she she she she she she she with the right side of the uniforms of the above E with her hand.

Accordingly, the defendant interfered with legitimate execution of duties concerning investigation duties such as the protection of police officers and the prevention of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Criminal report and investigation report (on-site conditions);

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

1. Article 136 (1) of the Criminal Act applicable to the crime;

1. The reason for the sentencing of Article 35 of the Criminal Act among repeated offenders [decision of the type of punishment] : Obstruction of the performance of official duties / coercion [Special Convicts] - Where the degree of assault, intimidation, and deceptive scheme is minor on January 1, 01, 201 / [the scope of the punishment of recommendation] mitigation area (the scope of punishment of special mitigations / [the general person] mitigation area (the scope of imprisonment with prison labor not exceeding eight months] - Where the degree of positive assault, intimidation, and deceptive scheme is minor: In cases where the degree of positive assault, intimidation, and deceptive scheme is minor on at least two occasions, the reason for the suspension of execution is minor on more than two occasions: criminal records, lack of social relationship, lack of alcohol addiction, and no effort to recover damage

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