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(영문) 대구지방법원 포항지원 2015.07.23 2015고단321
공무집행방해
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

On April 2, 2015, the Defendant: (a) around 03:40 on April 2, 2015, the Defendant: (b) called, “A police officer, who was on the 3th floor of the Southern-gu B Building, sent out after having received 112 report; (c) the police officer affiliated with the Ponding Police Station D commander of the Ponding Police Station of the Ponding Police Station; and (d) the police officer, who was asked about his personal information from the slopeF, carried out several times, and pushed out the F’s left shoulder and pushed out his arms; and (d) the Defendant: (c) the Defendant: (d) called, “A 10 minutes of a bit bit of a bitch; (d) the police officer, who was requested to go home from the police officer; and (d) the Defendant attempted to carry the arms to go beyond the floor of the Ponding; and (d) the Defendant tried to do violence by cutting the flab and pushing it.

Accordingly, the defendant interfered with legitimate execution of duties by police officers on 112 reports.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the E, F, and G;

1. A H statement;

1. Application of Acts and subordinate statutes to a copy of work place;

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

1. Formal concurrence, or the choice of a punishment, Articles 40 and 50 of the Criminal Act (the punishment provided for in the obstruction of performance of official duties against E with heavier penalty, shall be imposed, but the choice of imprisonment shall be imposed);

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

1. Reasons for the sentencing of Article 62-2 of the Criminal Act on Probation and Social Service Order [Scope of Recommendation] : Where the basic area (limited to six months of imprisonment or one year and four months of imprisonment) (special mitigation) (limited to a person under special mitigation) / Where the degree of violence, intimidation, and deceptive scheme is minor / Where there are many public officials who have suffered damage / (one type) / where there are criminal convictions, there are many records of criminal punishment and punishment for violent crimes, including suspended sentence, as well as crimes related to violence: The fact that two police officers suffered damage are two, and normal circumstances favorable to the fact that the crime of this case was committed during the period of suspended sentence are not deemed particularly heavy: the crime of this case during the period of suspended sentence, but the grace period was suspended.

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