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(영문) 대구지방법원 김천지원 2014.11.05 2014고단989

공무집행방해

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

On September 7, 2014, at around 00:50, the Defendant was suffering from the disturbance of opening the door under the influence of alcohol at around 301, 403, the C Apartment 301, and 403, where the Defendant resided in the Gu-Si-si B, the Defendant heard from E and F, “I will late the time for land payments, so it would not be good that you will walk back later the drinking again,” and “I will talk E, etc., with the desire of “I will have the interview right in this opening, and you will have the back and breast of F with the elbow, and will be tightly damaged by pushing the left hand of E.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning patrol and suppression of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol to G, E, and F

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. It is necessary to strictly punish the crimes of obstruction of the performance of official duties in order to establish a state’s legal order and eradicate the light of public authority, in which two public officials have suffered damages on the grounds of sentencing under Article 62(1) of the Criminal Act of the suspended execution.

However, in full view of the fact that the degree of violence and damage is not so significant, there is no criminal record of the same kind or suspension of execution or more, reflects the fact that the defendant's age, character and conduct, environment, etc., the scope of recommended punishment according to the sentencing guidelines [the scope of punishment of the obstruction of performance of official duties (one year or more), the aggravated area (one year or more), the person under special special relationship (one type) shall be set forth in the order where there are many damaged public officials (one type).