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(영문) 대구지방법원 포항지원 2014.05.21 2014고단224
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

At around 21:50 on February 17, 2014, the Defendant: (a) committed assault on the right side of the above E, i.e., one time at the left side, and two times from the right side of the said E, by assaulting the police officer’s lawful execution of duties concerning the maintenance of police order, on the ground that the Defendant, a police officer belonging to the Port Guard Police Station D, called the Defendant, a police officer belonging to the Port Guard Station of the Port Guard of the Republic of Korea, called “the Defendant, pay for the drinking value”, who was called the Defendant, within the “Cjuk” located in North Korea-gu, North Korea, and reported that he did not pay the drinking value under the influence of alcohol; and (b) the Defendant obstructed the Defendant’s lawful execution of duties.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

1. Relevant Articles of the Criminal Act and Article 136 (1) of the Criminal Act concerning the crime. Article 136 (Selection of Imprisonment or Imprisonment);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] No person who has no basic area (6-1 year and April) of the obstruction of performance of official duties (6-1 year and April) [decision of sentence] The defendant led to confession and seriously reflects the crime of this case, the first offender, the defendant's age, character and behavior, environment, circumstances of the crime of this case, means, results, etc., shall be determined as per the order, taking into consideration all the circumstances constituting the conditions for sentencing, such as the punishment of this case.

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