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(영문) 대전지방법원 2016.04.27 2016고단305
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On January 27, 2016, the injured Defendant inflicted injury on the victim C (52 tax) who tried to drink alcohol at the “Sari Station Sari Station Sari-gu Sari-gu Sari-gu Sari-si Sari-si Sari-si Sari-si Sari-si Sari-si (52)” victim C (52) who tried to drink on the part of “Sari-won Sari-si Sari-si Sari-si Sari-siri-siri,” the victim’s kinari-kin and face part requiring approximately three weeks of treatment.

2. Around 20:58 on the same day as the preceding paragraph, the Defendant: (a) received an investigation from a police officer, such as slope F, in relation to the case of injury to the preceding port at the E District Office of the Sejong Police Station E District Office of the Sejong Police Station, and solicited the Defendant to return home; (b) but (c) the Defendant, upon considering the victim’s face at one time by drinking to the right-hand side, obstructed the police officer’s legitimate performance of duties, such as the investigation of the case.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and C;

1. A photographs of parts of the damage inflicted upon C, and vice photographs of the damage caused by the violence committed by C;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate (C);

1. Relevant Article 257 (1) of the Criminal Act and Article 257 (1) of the Criminal Act (the point of injury, the choice of imprisonment), and Article 136 (1) of the Criminal Act (the point of obstructing the performance of public duties and the choice of imprisonment);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

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

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

(a) First-Class 1 (Obstruction of Execution of Official Duties) (Scope of Recommendation) (Obstruction of Execution of Official Duties) is the basic area (from June to one year and four months) (no person who is subject to special sentencing).

(b) Class 2 Crimes (Assaults) [Scope of the recommended punishment] general injury, and Type 1 (General Injury) (2-1 year from February to year) in the mitigation area (2-1 year) is not subject to punishment;

(c) The scope of final sentence imposed on multiple offenders: Imprisonment with prison labor for not less than six months from one year to ten months;

2. The nature of the crime is inferior in that the crime of assaulting an unqualified victim without any justifiable reason in the case of an injury to the sentence of sentence, and the crime of obstructing the performance of official duties is uniform.

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