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(영문) 청주지방법원 영동지원 2018.11.15 2018고단154
공무집행방해
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal history] On October 19, 2017, the Defendant was sentenced to ten months of imprisonment for a violation of road traffic law (drinking driving) at the Daejeon District Court on the grounds of a violation of road traffic law and completed the execution of the sentence on August 17, 2018.

[2] On October 20, 2018, the Defendant found the Defendant under the influence of alcohol at a police box located in Chungcheongnam-gun B, Chungcheongnam-gun, Chungcheongnam-do. Around October 2018, the Defendant requested the assistant D belonging to the same police box where he was on duty at that place to “absing away from home” and received a recommendation from D to “voluntary return home,” and the police officer in the place where he was in her country to see whether the police officer was carrying with her house without carrying with her house.

“Absinging the police box, the police box door was sent several times. Absing that the police box was sent along with the front door of the police box, “Absing the front door of the police box to be frighted along with the close distance of the police box,” and she took the speech from the security guards affiliated with the same police box where he was on duty at that place, and she prevented him from carrying out his act two times, thereby obstructing the police officer’s legitimate performance of duties concerning the protection of the police box and waiting for the situation.

Summary of Evidence

[Criminal facts]

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. The investigation report (the sequence 5 in list of evidence);

1. CCTV video CDs;

1. Criminal records in its ruling: Application of inquiry letter, such as criminal history, investigation report (Evidence List No. 10) statute;

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;

2. Reasons for sentencing Article 35 of the Criminal Act for aggravated repeated crimes;

1. Aggravation factors: Scope of the recommended punishment according to the sentencing guidelines / [tangible Determination] There is no type 1 (Interference with and Compelling of the performance of official duties) (person who is subject to special sentencing] (person subject to general sentencing): Aggravation factors: This type of repeated crime, criminal records of the same kind, which are not subject to repeated crimes (less than 10 years after the completion of the execution thereof) (in the area of recommendation and sentence] basic area, between six months and one year and six months;

2. Obstructing the execution of official duties, such as this case, in which the sentence has been pronounced.

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