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(영문) 대전지방법원 논산지원 2014.02.04 2013고단428
공무집행방해등
Text

1. The defendant shall be punished by imprisonment for four months;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

On June 24, 2013, the Defendant: (a) around 16:40, at the Myeongsium located in the Dogsium of the Dogsium, the Defendant, under the influence of alcohol, tried to resolve the civil petition; (b) was pushed away; (c) was pushed away from the sloping D belonging to the Seosan Police Station C District D; and (d) expressed the desire to “I am down on the Dogsium, schipia, I am to send, I am to be sentenced to imprisonment; and (d) was frighted on the face of D.

Accordingly, the defendant openly insultingd the victim D and obstructed police officers' legitimate performance of their patrol service.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement made by the police officer in relation to E and D;

1. Application of each Act and subordinate statute to entries in a petition for accusation and a list of receipt and handling of reports on crimes;

1. Relevant Article 136(1) of the Criminal Act, Article 311 of the Criminal Act, and the choice of imprisonment for the crime

1. From among concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc.;

1. Scope of sentenced punishment: One month to six years of imprisonment (the choice of imprisonment and the aggravation of concurrent crimes);

2. Sentencing Criteria - Crimes of Obstruction of Performance of Official Duties (Determination of Penalty) - Crimes of Obstruction of Performance of Official Duties, Category 1 (Compulsory Obstruction of Performance of Duties) of Obstruction of Performance of Official Duties (Scope of Recommendation Punishment): Reduction Area: Where the degree of assault is minor, there shall be no special aggravation factor:

3. Determination of sentence: Four months of imprisonment; and

4. Whether a suspended sentence is suspended or not: The defendant has been convicted of a violent fine not exceeding two years against the defendant, and the defendant has caused inconvenience to the performance of his/her duties over several occasions, such as where he/she finds a viewing, face office, fire station, etc. under the influence of ordinary liquor, or takes a bath by telephone, etc.

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