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(영문) 대전지방법원 천안지원 2017.08.24 2017고단1055
공무집행방해등
Text

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

except that the execution of a sentence shall be deferred for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 26, 2017, the Defendant: (a) around 23:30 on the street of the “D” located in the Northern-gu, Seo-gu, Seocheon-gu, Seocheon-gu, Seoul; (b) without any justifiable reason, franked the Victim E in front of the “D” while drinking; (c) shaking the victim E’s head debt; and (d) assaulted the Victim F, who is a D employee to restrain it.

2. The Defendant interfered with the performance of official duties, at the time and place specified in paragraph 1, asked the head of the police box belonging to the Seocheon-gu Police Station G (Seoul) Police Station G for the circumstances of the instant case by asking him of the police box belonging to the police box located in Seocheon-gu (Seoul) who was dispatched after receiving the above 112 report related to the said assault. The Defendant was pushed him of H’s chest on the floor of his hand.

As a result, the Defendant interfered with the legitimate execution of duties concerning the reported case handling affairs by H 112, who is a police officer.

Summary of Evidence

1. The defendant's legal statement (the second public trial date);

1. Each self-statement (E, F, and H);

1. Photographs of the victim;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article 260(1) of the Criminal Act, Article 136(1) of the Criminal Act, and Articles 136(1) of the Criminal Act, and the choice of imprisonment, respectively, for 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. The scope of sentencing recommended by the sentencing guidelines for sentencing under Article 62(1) of the Criminal Act on the grounds of the suspended sentence is limited to the scope of sentencing for the sentencing of Article 62(1) of the Criminal Act / [the scope of recommending punishment / [the scope of recommending punishment / [the scope of recommending punishment / [the scope of interfering with the performance of official duties] Type 2 crime (the scope of recommending punishment / from February to October] without any special person / [the scope of recommending punishment / [the scope of interfering with the performance of official duties] under the mitigated area (one month to eight months] under the mitigated area (one month) [the special mitigated person] under the mitigated area (one month to one month] under the mitigated area (the degree of interference with the performance of official duties, or the degree of interference with the performance of official duties: the decision of final sentencing based on the multiple aggravated punishment: Imprisonment with prison labor for two months to one year: The extent of interference with the execution of the crime of this case, the degree of interference with the execution of official duties, and the criminal records of defendant

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