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(영문) 대구지방법원 영덕지원 2015.06.03 2015고단58
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 of the final judgment.

Reasons

Punishment of the crime

On January 24, 2015, around 00:58, the Defendant: (a) received a report from a minor who was accommodated in the her mother telecom, and received a demand for returning home from a slope F for a police box affiliated with the Yeongdeungpo-gu Police Station Estation called out, and did not comply with such demand, and was arrested as a flagrant offender and went to the Young-gu Police Station.

피고인은 같은 날 02:30경 경북 영덕군 영덕읍 남산1길 14에 있는 영덕경찰서 1층 현관출입문 계단 옆에서 위 F에게 “아우 씨발 저 새끼 저 좆만한 새끼”라고 욕설을 하며 오른 발로 위 F의 오른쪽 정강이 부분을 1회 찼다.

Accordingly, the defendant interfered with legitimate execution of duties concerning the maintenance of order of police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Application of Acts and subordinate statutes to report internal investigation (the photograph of the sloping F in a part), investigation report (the confirmation as to whether the other party suspect is assaulted by a sloping person);

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 on the Suspension of Execution (the sentence shall be set within the scope set in the sentencing guidelines in consideration of the fact that there are no previous cases for the defendant, the defendant acknowledges and reflects his wrongness at the latest, the crime in this case appears to be contingent, the defendant has no major reasons for the suspension of execution, and the execution of the sentence shall be suspended);

1. Probation and community service order under Article 62-2 of the Criminal Act;

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