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(영문) 대구지방법원 김천지원 2014.10.15 2014고단849

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On July 30, 2014, at around 23:48, the Defendant, at the second floor platform of the KTX Kimcheon-gu, Kacheon-si, the 51th innovation 1:51, was disputed with other passengers and trial expenses. On July 30, 2014, the Defendant: (a) was asked by the slope D affiliated with the police box of the Kimcheon-gu, Kimcheon-gu, Kimcheon-gu, 112 who was dispatched after receiving the 112 report, asked the Defendant questions about the circumstances of the instant case; and (b) the Defendant expressed D’s hum to “the fla head, fla head, the fla head, etc. of the bitch f

Accordingly, the defendant interfered with legitimate execution of duties concerning reporting duties and suppression of crimes by police officers.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Application of each police protocol of statement to D and E;

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

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

1. In addition to the background of the crime of sentencing under Article 62-2 of the Social Service Order Act, along with the degree of damage, the punishment as ordered shall be determined by taking into account the following circumstances: (a) the scope of the recommended punishment according to the sentencing guidelines (Article 1 (Obstruction of Performance of Official Duties and Performance of Duties) and other various circumstances, including the Defendant’s age, character and nature, environment, etc., taking into account the following factors: (b) the degree of punishment, including several times of violent crimes, etc., which have a record of criminal punishment, including the multiple times of criminal punishment; (c) contingent crimes