(영문) 대전지방법원 홍성지원 2015.04.15 2015고단71

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대전지방법원 홍성지원 2015.04.15 2015고단71

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 15, 2014, at around 23:00, the Defendant: (a) obstructed a vehicle in transit in the Mapo-gu Seoul metropolitan area; and (b) obstructed a vehicle that was arrested as a flagrant offender of the act of violence on the ground of the driver’s drinking at the time of the driver; (c) spits the face of the said D once at the entrance of the seat of the said area at the seat of the said area; and (d) refused police officers, such as D, to take a patrol outside the area to transport the Defendant to the Mapo Police Station; and (c) spits the part of the said D by putting the Defendant out of the area of the area; and (d) spits the 1 in the face of the said D; and (e) spits the 1 in the area.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the handling and escort of 112 reports by police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Side photographs of the assault;

1. Application of Acts and subordinate statutes on mobile phone image data;

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 range of applicable sentencing guidelines] under Article 62 (1) of the Criminal Act (the fact that the person is against the truth, the degree of violence is minor, the absence of criminal records, and the fact that social ties are relatively clear] of the suspended sentence [the scope of applicable sentencing guidelines] from 1 to 5 months: Imprisonment with prison labor for not less than one month (the scope of applicable sentences under law]: the crime of obstruction of performance of official duties, obstruction of performance of official duties, and special person of Type 1: Where the degree of assault is minor (requirements for mitigation): the area of recommended and the scope of recommended punishment: Reduction area; imprisonment with prison labor for not less than 1 to not more than 8 months; imprisonment for

참조조문

-형법 제62조 제1항

-형법 제136조 제1항

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