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(영문) 대구지방법원 포항지원 2015.04.23 2014고단1292
공무집행방해
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On November 6, 2014, at around 23:40 on November 6, 2014, the Defendant obstructed with the E, which is a part of the society, in front of the police box located in the Ulleung-gun C, and even though the E, he saw that he would not be able to do so, and he saw that he fighted with E and her body, and the F, who belongs to the instant police box, prevented the Defendant, and carried the Defendant and E inside the police box.

At around 23:56 of the same day, the Defendant: (a) tried to keep the Defendant’s day and walk out of the police box, and (b) tried to keep the Defendant’s day and walk out of the police box; (c) attempted to cut out of the police box; and (d) obstructed the police officer’s legitimate execution of duties in relation to the maintenance of order and public security, by taking three times the breath’s breath in hand.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. The police statement concerning F;

1. A report on investigation (Attachment of a field photograph) and the application of Acts and subordinate statutes governing site photographs attached thereto;

1. Relevant Articles 136(1) and 136(1) of the Criminal Act concerning criminal facts, the choice of imprisonment;

1. The reason for the sentencing of Article 62(1) of the Criminal Code of the Suspension of Execution [Scope of Recommendation] The reason for the sentencing of Article 62(1) of the Criminal Code is that there is no person who has served as a basic area (6 months of imprisonment or one year and four months of imprisonment) [no person who has served as a special person] [decision of sentence] The defendant has a lot of records of criminal punishment such as violence-related criminal records, etc., and that the defendant takes a bath to police officers inside the police box and uses violence, and the crime

However, since the defendant was sentenced to a punishment for more than 30 years, there is no penalty for exceeding the fine, and there is no record of punishment for the same kind of crime, and the police officer concerned has attempted to go against the defendant's mistake and seek the defendant's wife against the defendant, and the defendant's age, character and conduct, environment, and environment.

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