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(영문) 대전지방법원 천안지원 2021.03.31 2020고단3560
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for up to 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 December 5, 2020, the Defendant reported that the host of the C convenience store located in Seo-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, and reported that the host of the C convenience store was putting a window in favor of the host of the C, and requested home to be returned by the police officer E belonging to the D District Police Station in the Seocheon-gu, Seocheon-gu, Seocheon-gu, the Defendant sent to the site, and assaulted by the Defendant, by hand, the Defendant, by taking advantage of his her son’s son’s hand, the right chest part of the E.

As a result, the Defendant interfered with the legitimate execution of duties of police officials concerning the handling of reported cases.

Summary of Evidence

1. Application of Acts and subordinate statutes to the scene of cases where a witness in the police statement statement of the defendant regarding E in the court statement of the defendant, and photographs of victims;

1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act concerning the selection of punishment;

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

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

1. Scope of the recommended punishment according to the sentencing guidelines / [type 1] Interference in the performance of official duties on the grounds of a crime interfering with the performance of official duties; [No person subject to special sentencing] [the territory of recommendations and the scope of punishment] basic area; six months to one year and six months;

2. Circumstances unfavorable to the determination of sentence: Interference with the execution of official duties requires strict punishment as a crime detrimental to the function of the State by obstructing the exercise of legitimate public authority; and even if a criminal record of violence has been committed several times, the defendant is recognized to commit the instant crime and again commits the instant crime: The defendant's age, sex, environment, family relationship, motive and background of the instant crime, circumstances after committing the crime, and other various sentencing conditions that are shown in the trial process, such as the records and circumstances, shall be determined as ordered by the order.

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