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(영문) 대전지방법원 논산지원 2014.11.18 2014고단379
공무집행방해등
Text

1. The defendant shall be punished by imprisonment for four months;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

1. On September 6, 2014, the Defendant: (a) committed assault, such as: (b) in the C District located in B of the mountain area of the mountain area of the mountain area of the mountain area of the mountain area of the mountain area of the mountain area of the Republic of Korea; (c) and (d) seeing the face of D of the area of the said area without any special reason; and (d) seeing

Accordingly, the defendant interfered with the legitimate execution of duties of police officers.

2. The Defendant damaged public goods at around 16:40 on the same day as the description in the preceding paragraph, and damaged goods used by public offices, on the ground that the above act was conducted at the places mentioned in the preceding paragraph, and the entrance was not opened by police officers, and the entrance was not opened.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police on D;

1. Application of each description of the photograph and quotation, or any image statute;

1. Relevant Article 136(1) of the Criminal Act, Article 141(1) of the Criminal Act, and Article 141(1) of the Criminal Act, the choice of imprisonment for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. The scope of applicable sentences: Imprisonment for one month to ten 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) Offenses of Damaging Public Goods [Determination of Punishment] Crimes of Obstruction of Performance of Official Duties, and Type 1 (Invalidity of Public Goods) of Destruction of Public Goods [Scope of Recommendation Punishment] Reduction Area: Imprisonment from Above 8 months special mitigation factors: Value minor / None of special aggravation factors:

(c) Six months to one year and eight months (=one year and four years (eight months x 1/2) of imprisonment with prison labor).

3. Determination of sentence: Imprisonment with prison labor for a period of April 4.

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