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(영문) 대구지방법원 2016.04.07 2015고단5643
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On September 3, 2015, the Defendant infringed upon his/her residence: (a) opened a 00 room operated by the victim D, Cheongdo-gun, Chungcheongnam-do-gun, Cheongbuk-do-gun, and entered into the 00 room, and then intruded the victim’s residence by entering the room where the said victim is self-employed.

2. The Defendant, at the same time and place as indicated in paragraph 1, was under the influence of the above victim D (n, 49 years of age). The Defendant reported the Defendant, and followed the victim’s scam by a scambling that scams the scam, followed by several times, or followed by the victim, and the escape scams and scams on the floor of the above multiplescams depending on the above victim.

3. On September 3, 2015, at around 04:00, the Defendant obstructed the police officer’s legitimate execution of duties concerning the handling of reports by the police officer, when Cheongdo Police Station E commander affiliated with Cheongdo Police Station E commander, who was dispatched to the site after receiving a report of 112 on September 3, 2015, stated that the assistant F, who was dispatched to the site, separate the Defendant, and asked for the circumstances of the instant case, “Chewing f,” and interfered with the police officer’s lawful execution of duties concerning the handling of reports by the police officer.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D or F;

1. Relevant provisions of Article 319(1) of the Criminal Act (the point of intrusion upon residence), Article 260(1) of the Criminal Act (the point of assault), Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties) and the choice of imprisonment with prison labor for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of the recommended punishment according to the sentencing guidelines / [Assaults and interference with the performance of official duties] - Group 1 Crimes (Obstruction of the Performance of Official Duties) / [Scope of the recommended punishment] - There is no person subject to special sentencing / [the scope of the recommended punishment ] - Type 2 Crimes (Assaults) / [the scope of the recommended punishment / [the scope of February 1 to 10 months] / The basic area (the person subject to special sentencing] of the basic area (the person subject to special sentencing / the person subject to special sentencing] / The final sentencing scope of the aggravated punishment due to the aggravation of multiple offenses: Six months to September 1.

2. The residence of the victim in the middle of the decision of sentence;

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