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(영문) 대구지방법원 김천지원 2015.10.06 2015고합21

특수공무집행방해치상

Text

A defendant shall be punished by imprisonment for not less than one year and 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 December 27, 2014, the Defendant, around 05:35 on December 27, 2014, called her wife and her wife were at home and was under the influence of alcohol, and her wife was at home and was under the influence of alcohol.

The Defendant reported 112, and asked questions to the police officer belonging to the Gu American Police Station D District D District D District D District D of the Gu American Police Station who called her residence, and asked her questions about the circumstances and circumstances. E expressed her desire to “I will sp the spthro sp to sping spyp if she died,” and continued to get asked her questions about the reasons for self-harm from E, etc., and her sprinked her to the scam, which is a dangerous object after her sping to E, and added her her face to E, and the Defendant added her face two times after her face to E (29 years of age).

Accordingly, the defendant carried dangerous articles and inflicted bodily injury on the victim during the process of obstructing police officers from performing their legitimate duties in relation to patrol and suppression of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of each investigation report (in relation to the arrest process of a suspect, on-site photographs, photographs, etc. of dangerous objects, attachment of a copy of a work site, attachment of a victim's photograph, attachment of a victim's diagnosis report), each photograph, copy of a work site, and written diagnosis;

1. Article 144 (2) and (1), and Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

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

1. The defendant and his defense counsel regarding the assertion of the defendant and his defense counsel under Article 62-2 of the Social Service Order Criminal Act, Article 59 of the Probation Act, and the defendant was in a state of mental disability by drinking at the time of the instant crime.