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(영문) 대구지방법원 김천지원 2014.12.10 2014고단1189
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

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 October 6, 2014, at around 00:22, the Defendant: (a) moved to a police box located in Kimcheon-si, Kimcheon-si, as a matter of time and fee, and (b) returned to the Defendant that he would not receive a charge from the Defendant; (c) while the Defendant continued to drink tobacco remaining in the police box, the Defendant was able to take a bath to the police box of the above police box as “Chewing fewk” to the Doe of the police box affiliated with the above police box without any particular reason while drunking tobacco.

Accordingly, the Defendant was instructed outside of the police box so that he can see and return home from the security guards E belonging to the above police box, but he saw him as “sark sark”, and he saw him as “sark sark” at one time before the entrance of the above police box.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the duty and maintenance of order in the military.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. In order to establish the legal order of the country of reasons for sentencing under Article 62(1) of the Criminal Act and eradicate the light of public authority, it is necessary to strictly punish the crime of obstruction of performance of official duties, and the degree of assault is not easy.

However, considering the fact that there is no criminal record of the same kind or suspension of execution or more, circumstances favorable to the reflection, and the scope of the recommended punishment according to the sentencing guidelines (the scope of the recommended punishment for the obstruction of performance of official duties (the obstruction of performance of official duties and the coercion of official duties) and all other circumstances, such as the age, character, conduct and environment of the defendant, the punishment shall be determined as ordered.

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