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(영문) 대구지방법원 경주지원 2014.05.14 2014고단2
공무집행방해
Text

A defendant shall be punished by imprisonment for one year.

except that 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, 2013, at around 05:40 on 05:40, the Defendant reported that he was under the influence of alcohol on the road on the street of the Dongcheon-dong, Dongcheon-dong, Chungcheongnam-dong, the Defendant used the 112 report, and assaulted the victim’s back-to-face D, on the ground that he shouldered the Defendant, who was under the influence of the road, and other 1 of the police box of the racing police station, the police box affiliated with D, etc. of the police box of the racing and police station, and used the Defendant, who was under the influence of the road, to return home to the police box of the victim, on the ground that he was able to break up the Defendant, who was under the influence of the road, and that he was under the influence of

The Defendant: (a) returned to a police box that was the victim of the instant police box; (b) she saw the victim to voluntarily return to a police box; and (c) she took the cab, and she took the her bath at the police box; and (d) she obstructed the police officer’s legitimate performance of official duties, such as taking the she was fright to go to a police box, taking the she

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to a criminal investigation report, a copy of a patrol box, a police certificate, and a criminal investigation report (to attachCCTV data);

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (a punishment imposed for the crimes of obstruction of performance of official duties against D with heavier concurrent crimes);

1. Selection of imprisonment with prison labor chosen;

1. The sentencing guidelines are not applied directly since the form of concurrent crimes under Article 62(1) of the Criminal Act is the form of the two types of punishment under Article 62(1) of the suspended sentence, but the sentencing guidelines are not applied directly. Since there are two injured public officials, the scope of the recommended sentence for the aggravated area (one year to four years of imprisonment), the necessity of strict punishment for obstruction of performance of official duties is the same: Provided, That the defendant has no past record, and other records and arguments, such as the defendant's age, happiness, family environment, etc., and the circumstances after committing such crimes, are considered in accordance with Article 51

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