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(영문) 대구지방법원 포항지원 2014.09.24 2014고단788

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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 02:00 on July 5, 2014, the Defendant: (a) recommended the Defendant to pay the taxi fee by the police box at the Nam-gu Parking Site B, Nam-gu, 112 reported that there was a dispute over the taxi fee; and (b) took a bath for the reason that the Defendant’s residence is confirmed, “Isk-in police”, “Isk-in, Isk-in police, Isk-in, Isk-in, Isk-in, Isk-in, Isk-in, Isn-in, Isn-in, Isn-in, Isn-in, Isn-in, Isn-in, Isn-in, Isn-in, Isn-in, Isn-in, Isn-in, Isn-in, Isn-in, Isn-in, and assault the Defendant as a flagrant offender

Accordingly, the Defendant interfered with the legitimate execution of duties of police officers in relation to the prevention, suppression, and investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, F, and E;

1. Application of the Acts and subordinate statutes to the place where the relevant goods are assigned;

1. Relevant Articles of the Criminal Act and Article 136 (1) of the Criminal Act concerning the crimes. Article 136 (Selection of Imprisonment or 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;

1. 사회봉사명령 형법 제62조의2 양형의 이유 제1범죄 [권고형의 범위] 공무집행방해 > 제1유형(공무집행방해/직무강요) > 기본영역(6월~1년4월) [특별양형인자] 없음 제2범죄 [권고형의 범위] 공무집행방해 > 제1유형(공무집행방해/직무강요) > 기본영역(6월~1년4월) [특별양형인자] 없음 ◎ 다수범 가중에 따른 최종 형량범위 : 6월~2년 선고형의 결정 이 사건 범행은 피고인이 술에 취하여 공무집행 중인 경찰관들에게 폭력을 행사한 것으로 그 죄질이 나쁘다.

However, the defendant recognized all of the crimes of this case and repented his mistake, there is no criminal record exceeding the same kind of criminal record and fine, and the age of the defendant.