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(영문) 대전지방법원 천안지원 2016.10.25 2016고단1861
공무집행방해
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On July 17, 2014, the Defendant was sentenced to imprisonment with labor for a violation of the Punishment of Violences, etc. Act (a violation of the Act on Punishment of Violences, etc.) at the Daejeon District Court on July 17, 2014 and completed the execution of the sentence in a astronomical Prison on August 30, 2015.

On September 18, 2016, at around 17:47, the Defendant: (a) took a bath while drinking in the “C” coffee shop near the 1496 hot spring basin, and was faced with disturbance; (b) was prevented by E and E and E and E, a police officer within the District of the Asan Police Station, who was dispatched to the site after receiving 112 report; and (c) went out of the said coffee shop; and (d) requested confirmation of personal information from the above E; and (d) expressed the above E to the said E, “I am going back, such weather saws, night ices, chewings, ices, and ices,” while taking the bath to “I am drinking, spaws, spaws, and spaws, spaws, and drinking.”

As a result, the Defendant interfered with the legitimate execution of duties of police officers in regard to the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of the accused by the prosecution;

1. Statement of the police statement of E;

1. Each statement of G and H;

1. Report on the occurrence of the case;

1. On-site photographs;

1. Each report on investigation;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (the confirmation of facts during the period of repeated offense);

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Imprisonment with prison labor chosen;

1. The reason for the sentencing of Article 35 of the Criminal Act among repeated offenders [the scope of recommending punishment] is that there is no basic area (six months to one year and four months) of the obstruction of performance of official duties (the special person) (the decision of sentence] [the decision of sentence] the power of punishment for the same crime and the record of punishment for several violent crimes, regardless of the past record of punishment for the same crime.

It is advantageous to the fact that it is the time of crime and reflect.

These circumstances are taken into account.

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