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(영문) 대구지방법원 영덕지원 2013.11.06 2013고단164

공무집행방해

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On August 14, 2013, at around 01:39, the Defendant: (a) called, before the bus stops located in the Seocho-gun, Young-gu, Seoul Special Metropolitan City, the head of the center, who received a report that the owner was in excess of the owner; and (b) led the victim B of the 119 Safety Center affiliated with the territorial sea of the 119 Safety Center, for the reason that the victim B was uneased and uneased, the Defendant, who was in his hand, was exposed to the Defendant, twice in the face of the victim; and (c) threatened the victim, as the victim would be at the time, “I would well feasd., a volunteer fire brigade who was in his hand,” and the head of the center interfered with the performance of his duties by exercising the above legitimate force for about 17 minutes until around the same day.

Summary of Evidence

1. Statement of the police suspect interrogation protocol against the accused;

1. Statement of the police statement concerning B;

1. Application of Acts and subordinate statutes written in investigation reports (on-site situations, etc.);

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act (The following factors of sentencing shall be taken into account):

1. Reasons for the sentencing of Article 62-2 of the Criminal Act on probation, community service order, and order to attend a lecture [the scope of punishment under the law] one month or five years of imprisonment [the decision of a sentence] [the decision of a sentence] of obstruction of performance of official duties and coercion of duty] Among the crimes of obstruction of official duties, there is no element of mitigation: [the decision of the recommended area and the scope of sentence] that there is no basic area of the first category of obstruction of official duties among the crimes of obstruction of official duties: there is no element of mitigation that there is no positive element of mitigation [the main reason of suspension of execution]: there is no positive element of mitigation that there is no positive element of mitigation [the reason of suspension of execution of punishment]: The positive element of the previous sentence of suspension of execution of punishment: The positive factor of imprisonment with prison labor for one month or five years [the defendant's detention is clear, and it is negative that the defendant's