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(영문) 대전지방법원 2016.05.18 2016고단274
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On January 21, 2016, the Defendant: (a) received a report from the Daejeon Dong-gu, Daejeon District Police Station Down, Daejeon District E, and Police Officer F, on January 21, 2016, to the effect that the Defendant “F,” in front of Daejeon-gu, Daejeon, with the content of “F,” 112; (b) “F,”

1.3 Madadadadadadadadadadadadadadadadadadadadadadadadadadadadadadadadadadadadadadadadadadadadadadadadadadadadadadadadadadada

“Along with the two grandchildren, the chest of the above E was found to have exceeded the said F’s face by putting the chest of the F on one occasion after being tightly sealed.

As above, the Defendant interfered with the above police officers’ legitimate execution of their duties concerning the dispatch of reports and the prevention of crimes.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Application of Acts and subordinate statutes to site photographs and copies of work sites;

1. Relevant provisions of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment (elective 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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

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

(a) Class 1 offence - Interference with the performance of official duties to E [Scope of Recommendation] - Where the degree of assault is minor in the mitigation area (one month to eight months) (special mitigation person].

(b) 2nd offence - Interference with the F in the performance of official duties (the scope of recommendations). Where the degree of assault is minor, penalty is not imposed in the area of special mitigation (one month to eight months) (special mitigation).

(c) The scope of final sentence imposed on multiple offenders: Imprisonment with prison labor for one month to one year;

2. The fact that the sentence of this case, which was determined to be sentenced, does not reflect even if the nature of the crime is not good, is disadvantageous.

The fact that the defendant's assault is minor, the F, who is the victimized police officer, does not want the punishment of the defendant, and the fact that the defendant does not have any other force than one fine, is favorable.

(b) other.

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