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(영문) 대전지방법원 논산지원 2013.11.19 2013고단117
공무집행방해등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On February 2, 2013, at around 02:05, the Defendant sited on a road in front of the modern motor vehicle agent located in the Yaei-Eup, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, and the “jur is coming on the road” from the slope C (ma, 43 years old) belonging to the Police Station B zone of the police station assigned to the site after receiving a report of 112, and called “I will sit on the road, and go to India,” instead, I see the horses, and instead, I am up to the bar located at the center of the road.

At this point, the Defendant expressed the victim’s desire to “I will flick, I will flick down, I will flick down, I will flick down, I will flick down, I will flick, and will flick 10 minutes will flick, and flick flick flick flicks will flick flick flick on the right side of the victim because I will flick flick flick.

As a result, the Defendant interfered with the legitimate performance of official duties concerning the victim's 112 reporting processing and patrol service, and at the same time, the Defendant placed the victim with a face-to-face care for about two weeks.

Summary of Evidence

1. Each legal statement of the witness C and D;

1. Application of the Acts and subordinate statutes to the victim's photograph and each reply letter, each entry or video;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishment on which the punishment is heavier than that of an injury);

1. Reasons for sentencing selective sentence of imprisonment with prison labor;

1. The scope of applicable sentences: Imprisonment for one month to seven years;

2. Sentencing criteria:

A. The basic area of the crime of obstruction of performance of official duties (determination of types of punishment) / The crime of obstruction of performance of official duties, the first category of obstruction of performance of official duties (the scope of recommendation): Imprisonment with prison labor for a period of six months to one year and four months: None of special factors / None of special factors:

(b) The basic area of the crime of bodily injury (determination of types), the crime of bodily injury group, the general injury type 1 (the scope of recommending punishment): Imprisonment with prison labor for April to 1 year: In the case of minor injury / special aggravation factors: obstruction of performance of official duties.

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