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(영문) 대전지방법원 천안지원 2019.05.23 2018고단2910
공무집행방해
Text

A defendant shall be punished by imprisonment for a period of five 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

At around 21:05 on November 6, 2018, the Defendant, “Asan City B apartment,” and “Asan City B apartment,” and “Asan City B apartment,” under Article 112-C, separated his/her spouse and told that “a police officer, etc. affiliated with the D District D District Unit of the Asan Police Station, who was called to be “humping away from the Defendant for the purpose of investigation,” and interfered with the Defendant’s legitimate execution of duties concerning the handling of the instant report by a police official, who is a police official, by stating that “Ne, far, far, and dar dar dar dar dar dar dar dar dar dar dar dar dar dar dar dar dar dar dar h dar dar dar dar dar dar dar dar h,

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written statement;

1. A copy of the work log;

1. Application of image closures and field photographs-related Acts and subordinate statutes;

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

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

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

1. The scope of the recommended sentence according to the sentencing guidelines [decision of types] the obstruction of performance of official duties (category 1] and the absence of the obstruction of performance of official duties (category 1] and the basic area of the recommendation [the scope of the recommended area and the recommendation range], and six months to one year and six months;

2. Sentence a sentence lower than the lower limit of the recommended sentence, in consideration of the fact that he/she has been sentenced to one time of a fine due to a final and conclusive violent crime, was sent to a home protection case due to violence and special intimidation in 2016, was sent to a child protection case due to violence and special intimidation in 2018, and was committed in violation of the Child Welfare Act and the fact that he/she has no record of punishment exceeding the same crime and fine.

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