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(영문) 대전지방법원 천안지원 2015.11.10 2015고단1374
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On June 12, 2015, at around 05:25, the Defendant, at the “C” restaurant located in Western-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, and received a report of 112, and sent out by the Defendant, the victim E (Nam and 40 years of age) who is a slope belonging to the D Zone of the YY and called-gu, the Defendant: (a) solicited the Defendant to return home; (b) boarded the said restaurant at the said restaurant; and (c) went to the D Zone F in Seocheon-gu, Seocheon-gu, Seocheon-gu.

At around 05:50 of the above day, the Defendant expressed a bath that a slope E in the said D Zone “Chewing impule” was to ask personal information, and assaulted by both hand, such as flapsing the flapse, and flapsing the face of E in drinking.

As a result, the defendant interfered with the legitimate performance of duties by police officers concerning the handling of the case and patrol of the case, and at the same time, the victim failed to observe the number of days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Photographs photographs of the injured part of the victim;

1. Application of Acts and subordinate statutes to a criminal investigation report (consect E phone statement listening);

1. Articles 136 (1) and 257 (1) of the Criminal Act applicable to the relevant criminal facts;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution (Taking into account that there is no past record of criminal punishment exceeding a fine);

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

1. The sentencing criteria in consideration of the sentencing criteria are not applicable because they do not present a separate processing method for the ordinary concurrent crimes.

However, only reference materials for proper sentencing shall be considered.

Category 1 (Influence of Violence) General Influences No. 1 (Influence of General Bodily Injury) (Influence of April to 16) basic area (influence of Special Punishment)

B. Second Crimes (Obstruction of Performance of Official Duties) / [Scope of Recommendation] The basic area (6-1-1-4 months) of the 1st category of the obstruction of Performance of Official Duties (Obstruction of Performance of Official Duties) / [Scope of Recommendation]

(c)endend by aggravating multiple offenses.

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