(영문) 대구지방법원 2015.11.06 2015고단4395

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크기(pt)

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자간(%)

(영문) 대구지방법원 2015.11.06 2015고단4395

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

On July 27, 2015, at around 23:56, the Defendant: (a) 23:56, the two-lanes of the D public bath road in Daegu Dong-gu, Daegu-gu, were sitting and obstructed the passage of other vehicles, and (b) the background F of the E District of the Daegu Dong-gu Police Station, which was called on the site upon the report of 112 by the citizens, tried to leave the Defendant on the road; (c) the Defendant was f, who was called on the road at the time of the occurrence of the traffic accident, the Defendant refused to go on the road, and the Defendant was f, who was called on the road.

After the above F put the Defendant out of the road, the Defendant: (a) stated that “I am bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch,” and (b) received three times the f’s chest part on her head, thereby obstructing the police officer’s legitimate performance of duties regarding the duty of reporting 112 minutes between 20 minutes.

Summary of Evidence

1. Statement of the police suspect interrogation protocol against the accused;

1. Statement made by the police officer on F;

1. Application of each Act or subordinate statute in the working place and the notice of penalty payment;

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

1. The reason for the sentencing of Article 62(1) of the Criminal Act (amended by Act No.62(1) of the suspended sentence (amended by Presidential Decree No.62(1) of the Act on the Suspension of Execution) [the scope of sentence for the reasons for sentencing] 1 month or 5 years of imprisonment [the decision of a sentence] where the degree of obstruction of performance of official duties or coercion of duties] - Where the degree of violence, intimidation, and deceptive scheme is minor (the decision of the recommended area] mitigated area / [the scope of the recommendation area] 1 to 8 months / [the scope of suspended sentence] - there is no effort to recover damage caused by lack of negative social relationship: The defendant is subject to criminal punishment several times by the defendant.

참조조문

-형법 제62조 제1항

-형법 제136조 제1항

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