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(영문) 대구지방법원 2016.04.06 2016고단738
공무집행방해등
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

1. On December 23, 2015, the Defendant: (a) was unable to avoid disturbance, such as taking a cab driven by the victim B in front of the north-gu, Daegu Northern-dong, Daegu-gu, Daegu-gu, Seoul-do; (b) taking a cab on the front of the Daegu-gu, Daegu-gu, the destination of which is located; and (c) opening and unloading a door; and (d) holding a window on his hand.

Accordingly, the defendant interfered with the victim's taxi operation by force.

2. The Defendant interfered with the performance of official duties on December 23, 2015, at the FJ parking lot located in Daegu Suwon-gu, Daegu-gu, Daegu-gu, the Defendant was unable to receive fees from B, a taxi engineer, as described in paragraph 1.

“The police officer’s legitimate execution of duties concerning the handling of 112 reports was obstructed by assaulting G in 112, on the grounds that G in the Daegu Water Station F District of the police station, who was called upon 112 reports, expressed to G that “the taxi of this G would pay the taxi fee and return home,” and “the taxi of this G would be called . . . . . . . f. f. f. f. f. f. f. f. f. f. f. f.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police in relation to B and G;

1. Reporting on the arrest of a suspect committing an offense who has obstructed the performance of official duties, a copy of the place of duty, and the application of receipt statutes;

1. Relevant provisions of the Criminal Act, Articles 314(1) and 136(1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, 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 suspended execution;

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

1. Scope of the recommended sentences according to the sentencing criteria;

(a) First-Class 1 (Obstruction of Execution of Official Duties) (Scope of Recommendation) (Obstruction of Execution of Official Duties) is the basic area (six months to one year and four months), and there is no special sentencing factor (special sentencing factor).

(b) No. 2 Crimes (Obstruction of Duties) [Scope of Recommendation] Interference with Duties, Type 1 (Obstruction of Duties) (Interference with Duties), the mitigation area (one month to 8 months) [Special Reduction Persons] Punishment Non-Crime

(c)endend by aggravating multiple offenses.

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