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(영문) 대전지방법원 2019.03.27 2019고단279
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

However, 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

1. The Defendant, on December 13, 2018, returned home from the victim E, a police box of the Daejeon Daejeon Police Station, who was dispatched after receiving a report from 112 that the Defendant “a male son son son son son son son son son’s son.”

In the process where many and unspecified people have heard, such as the Gu recipient and a person who passed through the Gu, the victim publicly insultingd the victim by referring to the victim as the victim's "hye, this chrone" as a big frist.

2. When the Defendant was arrested as a flagrant offender committing a crime of insult from F of the police box affiliated with the said police box at the time and place mentioned in paragraph (1), the Defendant assaulted the above F’s left side of the bridge on one occasion.

Accordingly, the defendant interfered with the police officer's 112 report processing, prevention and suppression of crimes, and legitimate execution of duties concerning investigation.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. E statements;

1. The chief of the complaint, damage photographs;

1. Application of video CD-related Acts and subordinate statutes;

1. Relevant Article 311 of the Criminal Act, Articles 136 (1) and 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment with prison labor;

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

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

1. Reasons for sentencing under Article 62-2 (1) of the Criminal Act of the community service order;

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

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

A. First Crimes (Determination of Punishment) (Obstruction of Performance of Official Duties). [Attachment 1] There is no obstruction of performance of official duties or coercion of official duties (Special Aggravation) (Scope of Recommendation and Recommendation] basic area, six months to one year and six months (general person who is sentenced to punishment)

(b) Second crime (unestablished crime);

C. Scope of recommendation according to the standards for handling multiple crimes: Crimes for which the sentencing guidelines have been set for not less than six months and crimes for which the sentencing guidelines have not been set are concurrent crimes under the former part of Article 37 of the Criminal Act.

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