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(영문) 대구지방법원 김천지원 2018.03.20 2017고단1944
공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than eight 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

1. Around December 18, 2017, the Defendant: (a) parked vehicles at the entrance of the head of the E-verification at Kimcheon-si, Kimcheon-si; (b) found his/her fraud; and (c) argued with the said staff to restrain it.

In the meantime, when the Defendant was suspected of driving the Defendant’s drinking from the slope G of the Kimcheon Police Station, who was called up after receiving the 112 report, and was asked to take a drinking test from the Defendant’s slope G, the Defendant would be able to punish the Defendant by flaging so on while six employees, such as the said staff H, etc., are kept.

"," "packers, Chewing gars," and "packers".

“Publicly insulting the victim by talking to “,” etc.

2. Around December 18, 2017, the Defendant obstructed the performance of official duties, and around December 17:20, 2017, at the time of having avoided disturbance, as described in paragraph (1) in the above E samples Chapter 1, the Defendant took a drinking test against the Defendant and took a bath to the above G who prepared documents related to drinking measurement, and obstructed the Defendant’s legitimate performance of duties concerning the handling of reported cases and the measurement of drinking alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to G, H, I, J, K, and L;

1. An investigation report (limited to attachment, such as photophones, motion pictures, ctv video data-cape photographs);

1. A copy of the report processing case list and the work log; and

1. Application of CCTV photographs, CD-1 statute;

1. Relevant legal provisions of the Criminal Act, Article 136(1) of the Criminal Act (the point of obstructing the performance of public duties), Article 311 of the Criminal Act, and the choice of imprisonment with prison labor, respectively;

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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Application of the sentencing criteria;

(a) Interference with the performance of official duties (the scope of recommendations) and interference with the performance of official duties (the scope of punishment) and the basic area (the period from June to June) (the period from January to June) (the person without any special sentencing)

(b) No sentencing criteria for the offense of insult shall be set;

(c)the standards for dealing with multiple crimes;

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