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(영문) 대구지방법원 서부지원 2016.09.09 2016고단1020
공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence 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 17, 2016, around 00:05, the Defendant did not calculate the drinking value, without any justifiable reason, at “C main point” located in Seogu Daegu-gu B, Daegu-gu, Daegu-gu, and sent it to this site by reporting 112 at the main place of business, and the Defendant continued to pay the drinking value with the victim’s snow, but did not go from the main place of business, but went out of the main place of the victim, and was urged to return from the victim.

Accordingly, the Defendant tried to go to patrol the victim while stating, “I am as soon as I am to the district where I am to the dog and Gangwon-do house”, and when I am to the victim's left eye with the drinking that I am to the victim from the damage.

As a result, the Defendant interfered with the legitimate execution of duties by police officers to maintain public peace and order, and at the same time, the Defendant got a blood disorder to the left-hand side in need of medical treatment for a week.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to medical treatment;

1. Article 136 (1) of the Criminal Act applicable to the facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

1. It is so decided as per Disposition in light of the following: (a) the crime of sentencing under Article 62(1) of the Criminal Act is not likely to be committed; (b) the degree of injury is not limited; and (c) there is no record of punishment as a crime of obstructing the performance of official duties or an injury.

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