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(영문) 대구지방법원 2013.10.17 2013고단4237

공무집행방해등

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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 15:00 on June 24, 2013, the Defendant interfered with the business of the Defendant: (a) Recognizing that nurses reported to themselves at the emergency department of the Dental Hospital located in Busan Metropolitan City, the Defendant sent to the victim E (30 years of age) who is the nurse of the hospital; (b) kidd the victim’s title to the Defendant’s bridge; (c) continued to be cut off from the body of the Defendant at the place where other nurses and patients are located; and (d) continued to display the panty door to the body while being panty only, and interfered with the emergency room of the D Hospital and the treatment of the victim E by force.

2. The Defendant interfered with the performance of official duties on the ground that the police officer G and H, who belongs to the police box of the police station, who received a report on the above obstruction of performance of duties, prevented the police officers from performing their official duties on the ground that the police officer G and H were the Defendant. In doing so, the Defendant: (a) took a bath to “this son’s son; (b) one time a part of H’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son

Summary of Evidence

1. Defendant's legal statement;

1. Statement of police statement related to G and H;

1. E statements;

1. Application of the Acts and subordinate statutes to investigation reports (ctv materials attached);

1. Article 136 (1) of the Criminal Act and Article 314 (1) of the Criminal Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act for the ordinary concurrences;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. The act of the defendant, on August 10, 201, under the reason of sentencing in Article 62-2 of the Probation Criminal Act, of obstructing the hospital's business and obstructing the police officer dispatched to the emergency room by drinking alcohol while under the influence of alcohol while under the suspension of the execution of one year and six months, or two years of imprisonment with prison labor on August 10, 201.