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(영문) 대전지방법원 2020.11.04 2020고단3505
공무집행방해
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

On July 23, 2020, at around 08:21, the Defendant assaulted on one occasion at the left eye of the E by drinking, when he was reported to the effect that “at the time of his her her friend and female friend with the Defendant’s friend, two male and female friend by one female friend.”

Accordingly, the defendant interfered with the legitimate execution of official duties of police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written statement;

1. Application of Acts and subordinate statutes to photographs of victims;

1. Relevant Articles of the Criminal Act and Article 136 (1) of the Criminal Act concerning the crime. Article 136 (Selection of Imprisonment or Imprisonment);

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

1. Grounds for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc.;

1. Scope of applicable sentences under law: One to five years of imprisonment;

2. The scope of recommendations according to the sentencing guidelines [decision of types of punishment] The scope of the obstruction of performance of official duties [Type 1] There is no person who has a obstruction of performance of official duties [the scope of recommendations and recommendations] (the scope of recommendations and recommendations], the basic area of the obstruction of performance of official duties [the scope of recommendations and recommendations], the imprisonment for six months to one year [the absence of general person who has been sentenced]

3. Determination of sentence: Six months of imprisonment and two years of suspended sentence;

(a) Unfavorable conditions: Facts that a crime is bad, the damage is not recovered, etc.;

(b) favorable conditions: The fact that he recognizes the crime of this case and reflects the mistake, and there is no record of punishment by violence, etc.

C. The Defendant’s age, character and conduct, environment, motive and background leading up to the instant crime, means and consequence of the instant crime, circumstances before and after the instant crime, and other various sentencing conditions specified in Article 51 of the Criminal Act, were considered.

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