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(영문) 대구지방법원 2018.04.24 2018고단824

공무집행방해등

Text

A defendant shall be punished by imprisonment for six 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

1. On December 31, 2017, the Defendant, at around 20:20, assaulted the Victim D (43 tax) prior to the “C” located in Daegu Dong-gu, Daegu-gu, Daegu-gu, (43), but refused by the victim, and assaulted the Victim D (43 tax) at one time, when the Victim’s head and shoulder part were ever.

2. The Defendant interfered with the performance of official duties set out in the above paragraph 1 on the top of two seedlings located in Daegu Dong-gu, Daegu-dong, 248-5, the 112 Report, and was asked by F of the police box F of the police box called out after receiving the 112 Report on his personal information and the circumstances of the case, “I wish to kill and die;

Nit's family also expressed a bitch bitch bitch, "I can see the bitch bitch bitch bitch," and used the shoulder and chest of the above F once as a drinking, and used bomb, falp, falp, and falp, falp, and falp.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning 112 reporting handling duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D and F;

1. Relevant Article 136 of the Criminal Act, Article 136 (1) of the Criminal Act (Interference with the performance of official duties), Article 260 (1) of the Criminal Act, and the choice of imprisonment, respectively, with prison labor;

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

1. Article 62 (1) of the Criminal Act, Article 60 (3) of the Juvenile Act, Article 60 of the suspended execution;

1. For the reasons for sentencing under Article 62-2 of the Criminal Act of the community service order, the scope of the final sentence due to the aggravated crimes for which there is no basic area (including violence) of Type 1 (Obstruction of Performance of Official Duties and Forced Performance of Duties) [the scope of recommended punishment from June to January] of the basic area (including violence] of Category 1 (General Violence) of the Act on the Punishment of Violence [the scope of recommended punishment from February to October] of the basic area (the scope of recommended punishment from February to October] of Category 1 of the Act on the Punishment of Violence Crimes (the person subject to special sentencing] of the Act on the Punishment of Specific Crimes: June to January 1 [the decision of sentence] of Grade 1 of the Act on the Punishment of Specific Crimes: The normal sentence that is disadvantageous to the offender is not good.

A favorable circumstances: There is no record of crime for the last ten years or more.