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(영문) 대구지방법원 2015.06.02 2014고단6015

공무집행방해등

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

1. On August 14, 2014, at Daegu-gu, Daegu-gu, upon receiving a report of 112 from the Defendant, the Defendant: (a) expressed the Defendant’s desire to verify personal information to the multiple actors (one person F) who were affiliated with the D District Unit of the Daegu-nam Police Station D District of the Daegu-gu, Seoul-gu, and called the Defendant; and (b) expressed the Defendant’s desire to “Is my reporter, and Is my name, that Is his name, that Is my name, that Is you will not immediately see, that Is, that Is his name, and that Is it will arrest him to check the same and send him to the patrol lane at approximately 10 meters away in quantity; and (c) expressed his desire to write off E slope.

Accordingly, the Defendant interfered with the legitimate execution of duties concerning the handling of the 112 reported case and the arrest of inmates, which is a police officer.

2. If the Defendant reported at the above date, time, and place that the victim slope E arrested and escorts the victim, as seen above, and thereby, the Defendant openly insulting the victim by openly insulting the victim with a large voice of “Isle, Isle. Isle. Isle. Isle. Isle. Isle. Isle. Isle. Is, anywhere Isle. Is. Is. Is. Is.) and “Isle. Is. Is. Is. Is. Is. Is.”, and “Is. Is. Is. Is. Is.”.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. G statements;

1. Application of statutes on a work log and a copy of a public official identification card;

1. Relevant Article 136 (1) and Article 311 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. Reasons for sentencing of Article 62(1) of the Criminal Act on the suspension of execution [Scope of Recommendation] The scope of obstruction of performance of official duties (in the event of obstruction of performance of official duties and coercion of duties) shall be mitigated area (one to August). However, the criteria for handling multiple crimes with crimes for which sentencing guidelines have not been set are not applied, so that they are set

[Special Mitigation] Where the degree of assault, intimidation, and deceptive scheme is minor, the defendant is in the execution of his/her duties.