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(영문) 대전지방법원 2018.05.16 2018고단856
공무집행방해등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. At around 21:30 on February 10, 2018, the Defendant, at the E cafeteria operated by the victim D (n, 62 years of age) in Jin-si on the ground that the victim D did not provide liquor to the Defendant, the victim F (49 years of age) who was a customer from the restaurant was living together with the Defendant, and the victim F (49 years of age) who was a customer from the restaurant, was fright out of the restaurant, and the victim f (the victim f (the victim f) was fright back to the wall, and the head of the victim F was fright up to the wall. On two consecutive occasions, the victim f was d's head was d'd around the wall.

Accordingly, the defendant assaulted the victim D and the victim F respectively.

2. On February 10, 2018, the Defendant interfered with the performance of official duties on the roads in front of the above E on February 10, 2018, and on the roads in front of the 112 report, and on H (29 years old) (the police box of the police station dispatched after receiving a 112 report, who is a police officer assigned to him

Chewing flachip. Balih

"In doing the bath theory of Ha, etc., H with his left hand balp balp, hump hump hump hump, hump hump h's left side hump with the same hand.

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

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of on-site photographs and Acts and subordinate statutes reporting investigations;

1. Articles 260(1) and 136(1) of the Criminal Act (the point of violence) applicable to the crime, the choice of punishment, and the choice of imprisonment, respectively;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection, community service order, and order to attend lectures;

1. The sentencing guidelines set forth in Category 1 Crimes (Obstruction of Execution of Official Duties) [Scope of Recommendation] : The scope of final sentencing due to the aggravation of multiple offenses for which there is no basic area (fence of performance of official duties and coercion of duties) (fence of June to one year and six months) / (fence of special sentencing) / (fence of violence) / The scope of punishment recommended / The scope of assault offenses set forth in Category 1 (b) and the basic area (fence to two months to ten months) / [fence of special sentencing] / The scope of final sentencing due to the aggravation of multiple offenses: 6 months to November 1:

2. Determination of sentence;

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