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(영문) 대전지방법원 천안지원 2015.06.09 2015고단433
공무집행방해
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On November 8, 2014, at around 23:05, the Defendant, at the main point of “C” located in Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, the Defendant: (a) took a bath of “E,” who is recommended to return home from the border E belonging to, and dispatched to, the site by the main shop driver’s 112 report; (b) continuously took the main entrance door and put it up against the main shop proprietor; and (c) took a bath to prevent it, such as assaulting the said E-E-e-e-e-e-e-e-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Application of the Acts and subordinate statutes to photographs of the place where the case subject to the obstruction of performance of official duties occurred, pictures of the appearance of the Ethical police officer, and copies of the D District Work Site;

1. Relevant Articles of the Criminal Act and Article 136 (1) of the Criminal Act concerning the crime. Article 136 (Selection of Imprisonment or Imprisonment);

1. Article 62 (1) of the Criminal Act on Suspension of Execution (it shall be considered that there is no record of punishment for obstruction of performance of official duties, and the degree of violence);

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

1. The sentencing criteria [Scope of Recommendation] where the degree of violence, intimidation, and deceptive scheme is insignificant in the mitigation area (one month to eight months) of Grade 1 (Obstruction of Performance of Official Duties and Compelling of Duties) for the obstruction of performance of official duties;

2. Determination of sentence shall be made in the same manner as the disposition, taking into account the main circumstances prior to the determination of sentence, the circumstances before and after the crime, and other various circumstances, such as the age, character and conduct, career, and environment of the defendant as shown in

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