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(영문) 대구지방법원 포항지원 2015.08.13 2015고단395
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

However, 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

At around 23:10 on March 21, 2015, the Defendant: (a) discovered that: (b) he was carrying out the processing of reporting, such as asking personal information, to guide juveniles who are not aware of the names he was called on the road in front of the C belonging to the Kancheon-gu, Chungcheongnam-gu, Yancheon-ro 298-ro 8; (c) and (d) the police officer called, “I would like to add students and raise the number of students; and (d) I would like to go to do so.”

Accordingly, C, D, upon receiving a report, is carrying out juvenile leading duties.

When the defendant notifies the defendant that he will return to his her house, the defendant saw C face with flabbling, flabling C face once a drinking, and flabing C head once a stop and flabbing D head once.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers in relation to 112 reported handling duties.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C or D;

1. Application of Acts and subordinate statutes to departments related to the report of 112 cases, and copies of the work log in the B district;

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

1. Formal concurrence, or the choice of a punishment, Articles 40 and 50 of the Criminal Act (the punishment heavier than the punishment shall be imposed on C, but the choice of imprisonment shall be imposed);

1. Article 62 (1) of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act for probation and community service order: The fact that there are many police officers subject to obstruction of performance of official duties, and circumstances favorable to that the degree of obstruction of performance of official duties, such as assault: The fact that there is no particular criminal power except for those subject to a fine twice due to another type of crime, and that there is any wrong charge

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