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(영문) 대전지방법원 논산지원 2017.04.21 2017고단103
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

1. Around January 18, 2017, the Defendant interfered with the performance of official duties at the convenience store C located in Seosan-si, B, and received a report of 112 as the case of assaulting D who is an employee of the above convenience store, and confirmed the personal information of the Defendant and the victim, the Defendant attempted to prevent the Defendant from harming the victim D in his own calculation unit, and interfered with the police officer’s legitimate performance of duties related to the handling of 112 reports, which was sent one time at the convenience store C located in Seosan-si, 2017.

2. From January 18, 2017 to 23:35 of the same day, the Defendant, who interfered with his/her duties, was on the floor of a large number of sugars in the calculation unit at the places specified in paragraph (1) from January 18, 2017 to 23:35 of the same day, and attempted to take a tobacco advertisement board, etc., and the Defendant intending to take a bath, such as “drashing so as to dys so as to dys so as to dys so as to avoid disturbance, so as to cause other customers to go out of the convenience store, thereby obstructing the victim’s convenience store business by force over about 30 minutes

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officer in G;

1. Statement made by the police against D;

1. A written statement;

1. A damaged photograph, on-site photograph;

1. 112 Application of Acts and subordinate statutes notifying departments related to reporting;

1. Relevant Article 136 of the Criminal Act, Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), Article 314 (1) of the Criminal Act (the point of obstructing duties) and the choice of imprisonment with prison labor for the crime;

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. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is the first crime (Interference with the performance of official duties) [the scope of recommended punishment] [the scope of punishment] of mitigation area (one month to eight months) of mitigation area (one month) of mitigation area (including a serious effort to recover damage) of mitigation area] of mitigation area (one month to eight months) of mitigation area (one month) of mitigation area of punishment.

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