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(영문) 대전지방법원 천안지원 2016.11.08 2016고단1611
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On June 25, 2014, the Defendant was sentenced to eight months of imprisonment with prison labor by the Incheon District Court for the obstruction of performance of official duties, etc. and completed the execution of the sentence in the Incheon Detention House on November 23, 201.

On July 8, 2016, at around 21:30, the Defendant took a bath at the “D” restaurant located in Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, the Defendant: (a) received 112 report and received a request for returning home from G, but did not comply with the request; (b) instead, took a bath to the said “F” without complying with the request for returning home from G; (c) f.m., f., f., f., f., f., f., f.s., f., f., f., f., f., f., f., and f., f., f., f., and f., f., f., f., f., f., f., and f., f., f., f., f., f., and f.

Accordingly, the Defendant interfered with the legitimate execution of duties of police officers regarding the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Protocol of the police statement concerning G;

1. On-site photographs;

1. A report on internal investigation:

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports;

1. Article 136 (1) of the Criminal Act and the choice of imprisonment with prison labor concerning the crime;

1. The reason for the sentencing of Article 35 of the Criminal Act among repeated offenders [Scope of Recommendation] There is no basic area (six months to one year and four months) of the obstruction of performance of official duties (the decision of sentence] (the decision of a special person), and there is a record of being punished several times for the same crime (the decision of a sentence is disadvantageous to that of a repeated crime committed during the period of a repeated crime.

In light of the fact that the degree of violence and intimidation is not relatively heavy, the punishment was determined in the same way as the disposition.

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