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(영문) 대전지방법원 천안지원 2018.11.02 2018고단2124
공무집행방해등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On May 29, 2018, at around 22:00, the Defendant got off the victim’s knife part of the knife, which is a dangerous object in the bank on the ground that the Defendant did not drink any knife and knife any knife any knife at the Defendant’s house located in the north-gu 109, 2104, Seo-gu, Seo-gu, Seocheon-gu, Seocheon-gu.

In this respect, the defendant carried dangerous objects and assaulted the victim.

2. On May 29, 2018, the Defendant: (a) obstructed the performance of official duties; (b) on May 29, 2018, the Defendant reported at the place specified in paragraph (1) at C around 22:25, and sent to the site after receiving a report at C’s 112; and (c) on the part of the police officer affiliated with D police units of the YY

The name of each of them is written.

“In doing so, by hand, the left shoulder of E was shakened, and assaulted on the hand part of E with his hand at one time.

As a result, the Defendant interfered with the legitimate execution of duties of police officers concerning the handling of reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. C’s statement;

1. Application of statutes on the photograph of the case

1. Relevant Article of the Criminal Act, Articles 261, 260(1) (a) of the Criminal Act (the fact of assaulting carrying dangerous articles, the choice of imprisonment), and Article 136(1) (the fact of obstructing the performance of official duties, the selection of imprisonment with prison labor) of the Criminal Act concerning the crime;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

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

(a) Class 1 Crimes (Obstruction of Execution of Official Duties) / [Determination of Type] Obstruction of Execution of Official Duties, Type 1 (Obstruction of Execution of Official Duties and Forced Performance of Duties) / None of the persons who are subject to special sentencing / [Scope of Recommendation Penalty] Basic Field, not less than six months but not more than one year and six months;

(b) Second crimes (defluence of types of violence), six types (special violence) [person subject to special mitigation] of punishment (the scope of recommended punishment), mitigated area, imprisonment for not less than two months, but not more than one year and two months;

(c) Imprisonment with prison labor for not less than six months but not more than two years and not more than one month;

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