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(영문) 대전지방법원 천안지원 2019.08.29 2019고단1253
공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than nine months.

Reasons

Punishment of the crime

1. Around 07:45 on June 3, 2019, the Defendant assaulted the victim by having Da and chest part by hand without complying with a request from the victim D (Nam, 69 years old) operating a private taxi, who was seated in the front parking lot C located in Dong-gu, Nam-gu, Dong-gu, Chungcheongnam-gu, Seoul, to turn on for parking.

2. On June 3, 2019, at the same place as above 07:50 on June 3, 2019, the Defendant interfered with the performance of official duties by assaulting the F, who was requested to make a statement as to the circumstances of the instant case, and thereby interfered with the police officer’s performance of duties concerning the handling of the report of 112 cases, by holding the back of the patrol police station called up with 112 report and having tried to get on board the police station by force.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. G statements;

1. Application of statutes on photographs of damage;

1. Relevant Article 136(1) of the Criminal Act, Article 260(1) of the Criminal Act, and Article 260(1) of the Criminal Act, the choice of imprisonment for a crime

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Scope of recommended sentences according to the sentencing criteria;

(a) First Crimes (Determination of Punishment) (Obstruction of Performance of Official Duties). Obstruction of Official Duties (Type 1 / No person who has been forced to perform his/her duties) (the scope of recommendation area and recommendation area) basic area, six months to one year and six months of imprisonment

(b) Second crimes (decision of types of violence) (decision of types of violence) and violence crimes [Class 1] and there is no general violence [specific person] [the scope of recommendation field and recommendation range] basic area, imprisonment with prison labor for two months to October;

(c) Scope of recommendations according to the standards for handling multiple crimes: Imprisonment with prison labor for six months to one year (the maximum of crimes No. 2).

2. Three times (three times a fine) as a crime of assaulting a decision of sentence;

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