(영문) 대구지방법원 2014.08.29 2014고단2556

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자간(%)

(영문) 대구지방법원 2014.08.29 2014고단2556

공무집행방해

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 01:40 on March 7, 2014, the Defendant: (a) received a report from the principal to take measures to ensure the safety of the road in Daegu-gu, Daegu-gu; and (b) received a notification from the principal to the effect that C would withdraw contact with his/her family on the Defendant’s cell phone; (c) expressed his/her desire to the said C that “C would not have any contact with the Defendant, and C would have any contact with his/her family; (d) C would go against the said C; and (e) when he/she spaws down to the right side of the victim, the Defendant interfered with the police officer’s performance of duties by taking one time on the left side of the victim’s buckbucks.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of police statement protocol to C

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

1. The reason for sentencing under Article 62(1) of the Criminal Act ( Taking into account the favorable circumstances among the reasons for sentencing) of the suspended sentence is that the defendant was sentenced to a fine for the crime of obstruction of performance of official duties on or around 2013, and repeats the same crime. However, considering the circumstances unfavorable to the defendant, the confession of the facts of the crime and reflects his mistake, the victim's assault appears to have been relatively minor since he was not at the location of an injury, and the victim's assault appears to have been committed by the police officer, the defendant's age, character, character, intelligence, intelligence and environment, family relationship, motive, means and consequence of the crime of obstruction of performance of official duties, obstruction of performance of official duties, type 1, mitigation area (where the degree of violence, intimidation and deceptive scheme is minor), and the sentencing guidelines (Article 62(1) of the Criminal Act) as stated in the argument of the case, including the circumstances

참조조문

-형법 제62조 제1항

-형법 제136조 제1항

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