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(영문) 대전지방법원 홍성지원 2014.08.27 2014고단373
공무집행방해
Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 13, 2014, at around 13:35, the Defendant assaulted F, etc., who was under the influence of alcohol at D cafeteria located in Chungcheongnam-gun, with the report of the disturbance, on the part of the D cafeteria, the Defendant sent to F, etc., of the circumstances belonging to the Hongsung Police Station E District, Hongsung Police Station called “I see this dog, n.e., n., n.e., n., n.e., n., n.e., n., n.e., n., n.e., n., n.e., n., n.e., n., n.e., k

Accordingly, the Defendant interfered with the legitimate performance of official duties by police officers on 112 reported duties.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to police statements made to F and G;

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

1. The reason for sentencing under Article 62(1) of the Criminal Act (amended by the sentencing guidelines) of the suspended sentence (the range of recommendations according to the sentencing guidelines) is [the scope of applicable sentences under the law] from one to five years (the scope of applicable sentences under the sentencing guidelines): The crime of obstructing performance of official duties, the crime of obstructing performance of official duties, and the crime of obstructing performance of official duties: the scope of recommended sentences where the degree of assault is insignificant (requirements for mitigation): the area of mitigation, the range of applicable sentences: imprisonment with prison labor for not less than one month and not more than eight months (the decision of sentence), and the crime of this case committed by the defendant with the knowledge that he would avoid the disturbance of normal alcohol, and the crime of this case committed under the influence of alcohol while the defendant committed the crime of this case with the knowledge that he would escape from the disturbance of normal alcohol

However, it appears that the defendant is against all of the crimes, the degree of assault against the police officer is relatively minor, the defendant's wife and her wife are frighten with his age of 70, and the defendant's living is making a living more favorable circumstances. In addition, the defendant's age, character, conduct and environment, circumstances of the crime and circumstances after the crime, etc. shall be comprehensively taken into account all the sentencing conditions specified in the records and arguments of this case, including the defendant's age, character and conduct, circumstances after the crime

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