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(영문) 대구지방법원 김천지원 2014.07.02 2014고단516

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

At around 12:00 on May 2, 2014, the Defendant was under the influence of alcohol on a private street road near C main points located in the Gumi-si B, and the Defendant was under the control of the Gumi Police Station Dox, which was called out after receiving 112 report, with the help of E assistant, and slopeF.

The Defendant did not notify the police officers of their residence, contact address, personal information to have the Defendant returned home, but did not notify the police officers of their personal information, and followed E and F by not later than 12:50 on the same day from 12:50 on the same day, and expressed that “I would like not to look back what they died, but you would not look back,” and “E, F’s chest was pushed back by hand, carried in hand, carried in hand, and interfere with the operation of patrol cars by expecting them to go on the top of the 112 patrol.”

Accordingly, the defendant interfered with legitimate execution of duties concerning E and F's 112 patrols.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Application of the G’s written Acts and subordinate statutes;

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

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

1. Selection of imprisonment with prison labor chosen;

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

1. In light of the motive, degree, etc. of the sentencing of Article 62-2 of the Social Service Order Criminal Act, the liability for the crime is not easy, but contingent crimes, the fact that there is no criminal record of the same kind or suspension of execution or more, and the reflectiveness shall be taken into account, and the scope of the recommended punishment according to the sentencing guidelines (the scope of the aggravated area (one year or more), the minimum limit of the punishment for the obstruction of performance of official duties (where there are many public officials who suffered damage: the number of damaged public officials), and other various circumstances, including the defendant's age, character and behavior, environment, etc., shall be determined as ordered.