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(영문) 대구지방법원 2018.09.06 2018고단2924
공무집행방해등
Text

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

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

Reasons

Punishment of the crime

1. On May 22, 2018, the Defendant was spiting, around 02:15, the Defendant: (a) found a spit in front of the 401 suspender of Daegu Dong-gu, Daegu-gu, where the Defendant’s spouse B, who is separate from the Defendant, and was living in front of the 401 gu, Daegu-gu, where the Defendant was living; and (b) spit the Defendant’s face, the Defendant is the head of the Defendant. Accordingly, the Defendant assaulted the victim who is the spouse’

2. On May 22, 2018, the Defendant, at around 02:30 on May 2, 2018, who received a report from 112 that “a male goes off from his or her arms and leaves his or her arms” at the places indicated in paragraph (1) of the same Article, and was urged to return home from the border F of the Daegu East Police Station E-gu Police Station affiliated with the Daegu East Police Station, and called “bom light is in mind.”

The term "the chief of the rank" refers to "the chief of the rank", and as a hand f the shoulder of the F and the F was removed from the F, the F was sealed by hand.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on 112 reporting processing and maintenance of public order.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect B of the police;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Relevant Article 136(1) of the Criminal Act, Article 136(2) and (1) of the Criminal Act, Article 260(2) of the Criminal Act, and Article 260(1) (a) of the Criminal Act, and the choice of imprisonment, respectively, for the crime;

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. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. The scope of the recommended punishment according to the sentencing guidelines for the crimes falling under Category 1 (Assaults) [Scope of the recommended punishment] and the scope of the final sentence according to the aggravated punishment in cases where the degree of violence, intimidation, deceptive scheme, or interference with the performance of official duties is minor, the scope of the mitigated punishment for the crimes falling under Category 1 (Assaults) (Crime 1 to 6 (Special Aggravations)] (Crime 2) committed against the victim (Obstruction of Performance of Official Duties) (Scope of the recommended punishment] (Crime 1 to 8 months). (In cases where the degree of violence, intimidation, deceptive scheme, or interference with the performance of official duties is minor, the scope of the final sentence for the aggravated punishment for multiple crimes: April to October 1;

2. Circumstances unfavorable to a ruling of sentence: The defendant shall be reported by 112;

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