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(영문) 대전지방법원 홍성지원 2015.05.20 2015고단90
공무집행방해
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 10, 2014, at around 08:25, at the second floor of the budget-raising office located in the 33th (Eup) the resignation of the Chungcheong Budget-gun, the Defendant assaulted C at one time at the right margin of the floor of the Defendant, while bringing a bath to Ga or C, when the Defendant was asked to hold a budget-raising interview from the 2nd floor of the budget-raising office.

Accordingly, the defendant interfered with legitimate execution of duties concerning assistance duties of public officials.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. On-site photographs;

1. Copies of the public official identification;

1. Application of Acts and subordinate statutes to a criminal investigation report (Attachment of Information on Military Personnel to Budget);

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

1. Determination of the reasons for sentencing [the scope of the sentencing guidelines] of Article 62 (1) of the Criminal Act (the punishment of the accused is divided in depth for his mistake of the accused, the victim does not want the punishment of the accused, and the degree of assault is not relatively heavy, considering the absence of the same criminal record] under Article 62 (1) of the Criminal Act (the scope of the punishment by law]: The scope of imprisonment with prison labor for not less than one month but not more than five years (the application of the sentencing guidelines]: In cases of obstruction of performance of official duties, obstruction of performance of official duties, and special amnesty of Type 1: the scope of the recommended range and the recommended range of the recommendation range where the degree of assault and intimidation is minor: Reduction area of mitigation, imprisonment with prison labor for not more

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