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(영문) 대구지방법원 포항지원 2016.07.07 2016고단394

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 10, 2016, at around 02:14, the Defendant: (a) sent to the site after receiving a report from 112 that the Defendant frighted, the Defendant sent a police box belonging to the police station located in the port north of the port (49 years old) or E (24 years old) to the police officer who was demanded him to return home from the site; (b) moved to the police officer’s convenience store near the direction of the police lane parked on the front of the convenience store; and (c) took the front of the police lane parked on the front of the convenience store; and (d) took the front of the vehicle by drinking a shoulder, walking the bridge with the escape of the bridge, walkinging several tools, walkinging the right side of the D and E, obstructing the legitimate execution of his duties; and (d) at the same time, the Defendant took the victim from performing his duties, and (e) took the victim’s right side of the instant case.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E (victim) and F;

1. A medical certificate;

1. Application of the statutes governing the place of service of photographs and police boxes;

1. Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties) and Article 257 (1) of the Criminal Act concerning facts constituting an offense;

1. Formal concurrence, and Articles 40 and 50 of the Criminal Act (the punishment prescribed for the most severe injury shall be imposed, but choice of imprisonment shall be imposed);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for the sentencing of Article 62-2 of the Social Service Order Act [the scope of recommendations] general injury [the grounds for the sentencing of Article 62-2 of the Social Service Order Act] is the basic area (the term of imprisonment of four months to one year and six months) / (the term of special mitigation) / In the event of interference with the performance of official duties (the term of sentence: 1 and four types) / In the event of violence by two police officers dispatched after receiving a 112 report, and causing injury to one of them; the degree of injury is not particularly heavy; the degree of injury is not particularly excessive; the deposit of a certain amount for the victim of the injury is made; the crime is recognized; and the crime is against the wrongness.