(영문) 대전지방법원 2020.11.13 2020고단2175

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크기(pt)

굵기

줄 간격

자간(%)

(영문) 대전지방법원 2020.11.13 2020고단2175

특수공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

Around 02:00 on May 3, 2020, the Defendant continued to engage in drinking with the Defendant’s female-friendly zone in Daejeon East-gu, Daejeon-gu, Daejeon-gu, Daejeon-gu, Daejeon-gu, Police Station affiliated with the Daejeon Dong Police Station, which asked the Defendant to visit without any particular reason, such as “Neman, E, E, E, E, etc., sent a warning to “Ieman, E, E, E, E, and D, so that you can have home and come out of the earth, and come out of the earth, so that D may have a dangerous object, which was contained in a black plastic paper, left in the front floor of the police officer, and cut off a dangerous object, which was put up on the front floor of the police officer, and cut off to the police officer, as the police officer, so that you can get out of the body,” and “Ieve off the body and the body of the dangerous object, which is a dangerous object.”

Accordingly, the defendant carried a dangerous object, and interfered with the police officer's legitimate execution of his duties concerning the maintenance of public order.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol of partial police interrogation of the accused;

1. Statement made to D by the police;

1. Each report on internal investigation:

1. Work site in the C District;

1. Application of Acts and subordinate statutes to a shoulder-fash-fash-fashion photograph, CCTV images-fashion photograph and video CDs.

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, Articles 144 (1) and 136 (1) of the Criminal Act concerning the selection of punishment, and reasons for sentencing choice of imprisonment;

1. The scope of punishment by law: Imprisonment for one month to seven years;

2. The scope of the recommended punishment according to the sentencing guidelines [the range of the punishment of imprisonment] the obstruction of performance of official duties (the first category] / the coercion of official duties (the person who has been specially punished]: In cases where the organization or the majority forces or carries dangerous objects (the area of recommendation and the scope of recommended punishment] increased area, one year to four years of imprisonment.

3. Determination of sentence: it shall be based on the sentencing criteria in consideration of the following circumstances in six months of imprisonment:

참조조문

-형법 제136조 제1항

-형법 제144조 제1항

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