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(영문) 대구지방법원 안동지원 2018.07.10 2017고단679
업무방해등
Text

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

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

Reasons

Punishment of the crime

1. On October 13, 2017, from around 21:20 to 21:30 of the same day, the Defendant: (a) was requested from the victim C to the victim C in Ansan-si from around 21:30 of the same day to the victim C, and (b) the victim was requested from the victim to “the victim would have died in this context; (b) whether the victim would have died in this context; and (c) whether the victim would have saved from the victim.”

“Along with the expression “,” and the name on the side was received from a female guest with whom it is impossible to identify, he/she interfered with the singing business of the victim by avoiding disturbance by continuing to put the apology into the toilet and talking the victim.

2. 공무집행 방해 피고인은 위 1 항 기재 일시, 장소에서 112 신고를 받고 출동한 안동 경찰서 E 지구대 소속 경위 F, 경장 G가 피고인을 귀가시키기 위하여 위 노래방 밖으로 피고인을 데리고 나오자 위 경찰관들에게 욕설을 한 후, 위 G의 멱살을 잡아 흔들고, 발로 위 G의 좌측 다리 부위를 걷어찼다.

Accordingly, the defendant assaulted the police officer G, thereby obstructing the police officer's legitimate execution of duties concerning the handling of 112 reported duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement by the police in relation to C and G;

1. Application of the Acts and subordinate statutes governing the handling of internal investigation reports and 112 reported cases;

1. Article 314 (1) and Article 136 (1) of the Criminal Act applicable to the facts constituting an offense. Article 314 (1) and Article 136 (1) of the said Act

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order and the protection and observation, the degree and frequency of alcohol at the time when the defendant committed the instant crime, the degree and frequency of interference with duties and official duties, the attitude under which the defendant was punished for the same kind of crime in the past, the attitude under which he was investigated after the commission of the crime, the agreement with the victims or deposit a certain amount, and other relationship between the defendant's age, sexual behavior, intelligence and environment, and the victim.

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