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(영문) 대전지방법원 천안지원 2016.09.02 2016고단929
공무집행방해
Text

The punishment of the accused shall be set forth in six months.

However, the above sentence shall be executed for two years from the date of the final judgment.

Reasons

Punishment of the crime

On May 29, 2016, at around 17:15, the Defendant was faced with disturbance as a matter of price at “C” points located in Dong-gu, Dong-gu, Dong-gu, Chungcheongnam-gu, the Defendant: (a) conducted an investigation of the details of the report by the police officer affiliated with the 112 police box affiliated with the Dong-dong, Dong-dong Police Station D police box called “I see that I will see that I will see that I will see this rings, I will not open the front door; (b) I will open the door; (c) I will remove the Defendant’s grandchildren from the door; and (d) I will remove the Defendant’s grandchildren from the front and rear of the patrol; and (d) “I see that I am in the new part, I am, I am am kn, I am kn's body, and I am am kn't kn's body.”

As a result, 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. Statement to E by the police;

1. Application of the statutes on photographs;

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

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

1. Application of the sentencing criteria [Determination of Sentencing] Application of the obstruction of the performance of official duties (Determination of the recommended area] Basic Field of the 1st category of the obstruction of the performance of official duties (determination of the obstruction of the performance of official duties/performance of duties), 6 to 1 year 4 [Scope of Recommendation] - No effort to recover negative damage is made / There is no positive social relation - there is no clear social relation, serious reflectness, or no criminal record of the suspension

2. The grounds for considering the sentence’s above-mentioned factors, the removal of a wind view showing a legitimate exercise of public authority and the establishment of a legal order, the criminal punishment records of the defendant (which has the same force, but does not have any force above the suspension of execution), the recognition of the defendant’s crime, and other trials of this case, such as the age, character, conduct and environment of the defendant.

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