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(영문) 대구지방법원 2015.03.12 2015고단641
공무집행방해
Text

A defendant shall be punished by imprisonment for six 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

On February 2, 2015, at around 21:40, the Defendant: (a) committed assault, such as: (b) the Defendant’s house at around 101, 1608 building D, the Defendant’s house at around 101, 1608, and the Defendant’s house at the Gyeongsan Police Station E district unit at the Gyeongsan Police Station, which was called upon the report of the instant case; (c) the Defendant’s wife at the request of the Defendant’s wife and went out of the house, saying, “I will die. I will die.”; (d) the Defendant reported the Defendant’s wife’s wife in his ward and her wife, she sawed the Defendant into “I will die. I will die.”; and (d) the Defendant prevented the Defendant from taking the stroke of the said F’s bridge by hand and cutting it into a knish.

Accordingly, the Defendant interfered with the legitimate execution of duties concerning the handling of 112 reported cases by the Inspector F, a police officer.

Summary of Evidence

1. Defendant's legal statement;

1. The statement of each police officer made to F and G;

1. Application of photographs, statutes governing the place of work;

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Reasons for sentencing of Article 62-2(1) and proviso of Article 62-2(2) of the Probation Criminal Act [Scope of Recommendation] : (a) No person who does not have a basic area (6 to 1 year and 4 months) [decision of sentence] [a person who has a special appearance] interfered with the performance of official duties concerning the handling of 112 reported cases by exercising violence against police officers; (b) there is a large risk of the crime of this case; (c) while the defendant is detained for a considerable period of time, his mistake is divided; (d) there is no criminal record exceeding the same criminal record or fine; and (e) some money was deposited for the victimized police officers; and (e) the defendant's wife who reported as the victim at the time of the domestic violence at the time of the instant case was able to take the line against the defendant; and (e) the defendant's age, character and behavior, intelligence and environment, motive, motive, means and consequence of the crime, and circumstances after the crime

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