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(영문) 대구지방법원 경주지원 2014.09.17 2014고단397
공무집행방해
Text

A defendant shall be punished by imprisonment for not more than ten 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

Around 00:50 on February 21, 2014, the Defendant assaulted the police officer E assistant belonging to the 112 patrol lane to have a drunk Defendant return home in front of his house in the racing city, on the following occasions: (a) on February 21, 2014, the Defendant tried to cut the cement view of his own way, and (b) tried to cut off the cement view of his own way to the police officer E of the 112 patrol box; and (c) on the following occasions, the Defendant took the back of the said E once

Accordingly, the Defendant interfered with the legitimate execution of duties concerning the patrol duty of the above E, a police officer.

Summary of Evidence

1. Defendant's legal statement;

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

1. Statement of the police statement of E;

1. Application of the Acts and subordinate statutes to investigation reports and cement sculptures photographs;

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

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

1. It is so decided as per Disposition by taking into account the following circumstances: first category of punishment of Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] and basic area (6-1-4 months) of the obstruction of performance of official duties (decision of sentence]’s necessity of strict punishment of crimes of obstruction of official duties, degree of violence, circumstances after the defendant’s age, happiness, family environment, etc., and all the sentencing conditions under Article 51 of the Criminal Act, which can be revealed through pleadings and arguments.

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