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(영문) 대전지방법원 홍성지원 2014.10.29 2014고단537
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal Power] On June 12, 2014, the Defendant was sentenced to a suspended sentence of one year for the purpose of obstruction of performance of official duties at the Daejeon District Court, which became final and conclusive on the 20th of the same month, and is currently under suspended sentence.

【Criminal Facts】

On August 29, 2014, at around 01:35, the Defendant expressed that the D restaurant located in Chungcheongnam-gun Hong-gun, Chungcheongnam-gun, would be asked to ask questions about personal information from the slopeF belonging to the E zone of the Chungcheongnam-gu, Hongsung Police Station E zone, and from a slope G, who was called out after receiving a report, and tried to ask about personal information from the slope G, “I am implee, sue, equally, and if I am ar, I would like to know about whether I will be a criminal and several criminal.” On one occasion, the Defendant expressed that the chest of the slope F in the slope G was taken once as her head, and she carried the right shoulder of the slope G with his hand.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the maintenance of public order.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F, G, and H;

1. Previous records before ruling: Criminal records, inquiry reports, investigation reports (report attached to judgments), and application of Acts and subordinate statutes of the ordinary case inquiry;

1. Article 136 (1) of the Criminal Act applicable to the crimes under relevant Articles of the Criminal Act;

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

1. The reason [the scope of the sentencing criteria] for the selective sentence of imprisonment for a prison term of not less than one month but not more than five years [the scope of the sentencing guidelines]: obstruction of the performance of official duties, obstruction of the performance of official duties, and the person with the special appearance of Type 1: in cases where the degree of violence, intimidation, and deceptive scheme is minor (aggravated element), and where there are many damaged public officials (aggravated element): the recommended range and the scope of the recommended range: the basic area; the term of imprisonment with prison labor for not less than six months and not more than one year and not more than four months [the decision of sentence] for six months, the defendant not less than ten times in total, including two times in prison and three times in prison due to the obstruction of the performance of official duties.

Furthermore, during the period of suspension of performance of official duties.

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