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(영문) 대구지방법원 안동지원 2015.08.11 2015고단386
공무집행방해
Text

1. The defendant shall be punished by imprisonment for six months;

2. Provided, That 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

Around 02:18 on May 23, 2015, the Defendant: (a) performed a horse fighting with her wife at the main point operated by her wife in Ansan-si B; (b) was asked by E, a police officer belonging to the D District Unit of the Ansan-dong Police Station D District, which was dispatched upon receipt of a report, that “I will cause her house fraud; (c) reported her frien, she reported her opening, and she died of her openings”; and (d) took the same action that “I will keep the right chest of her frien and get her head.”

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the maintenance of public peace and order.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Application of Acts and subordinate statutes on the place of work in the D District;

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

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (including favorable circumstances, etc. among the reasons for sentencing following the suspended sentence);

1. Scope of applicable sentences under law: One month to five years; and

2. The sentencing criteria [Scope of Recommendation] The basic area (six months to one year and four months) of the obstruction of the performance of official duties shall be the category 1 (the obstruction of the performance of official duties and the coercion of official duties).

3. The punishment of obstruction of performance of official duties is required to protect the legitimate functions of the country in which the sentence is determined, and to establish a sound social order, and the crime of this case is committed by assaulting the police officer in the course of performing his duties, and thus the nature of

However, the defendant does not have been punished for the same crime, and shows a attitude against the mistake.

In addition, in consideration of the defendant's age, character and conduct, environment, relationship with the victim, motive, means and result of the crime, circumstances after the crime, etc., the sentence as ordered was determined and the suspended execution was selected.

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