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(영문) 대구지방법원 포항지원 2015.03.19 2014고단1326

공무집행방해

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

At around 01:25 on November 14, 2014, the Defendant: (a) expressed that the housing located in the Northern-gu B was in front of the horse, and reported to the host, D’s position of the Police Station at the Posib Police Station at the Posib, and that E’s slope was a house going to the house while under influence of alcohol; (b) expressed the desire to “Chewing fright, franch; franch, franch; franch, franch; and (c) franched D’s right hand at one time to the right hand; (d) franch of E slope; and (e) franched at one time at the right side of E’s slope; and (e) obstructed police officers’ legitimate execution of duties in relation to public order and order.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and D;

1. Application of Acts and subordinate statutes to a report on investigation;

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 (Punishment prescribed for the crimes of obstruction of performance of official duties against E with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. The reason for the sentencing of Article 62(1) of the Criminal Act on the suspended sentence [Scope of Recommendation] Article 62(1) of the Act on the Suspension of Performance of Official Duties (Article 62(1) of the Act on the Suspension of Execution of Official Duties (Article 62(1) of the same Act (Article 62(1) of the Act on the Suspension of Execution of Official Duties) where the basic area (Article 6 months of imprisonment or one year and four months of imprisonment), where the degree of violence, intimidation, and deceptive scheme is minor / Where there are many public officials who have suffered damage (Article 1)

However, there are many records, such as Defendant’s age, character and behavior, environment, and circumstance before and after the crime, etc., that the degree of obstruction of performance of official duties such as assault, etc. is not deemed to be particularly heavy, Defendant has a certain occupation and support old-parents who have good health.