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(영문) 대구지방법원 2016.12.08 2016고단4405
공무집행방해등
Text

A defendant shall be punished by imprisonment for six 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

1. On August 25, 2016, the Defendant, at around 03:50 on August 25, 2016, assaulted the victim C (nives, 39 years of age) who was in Daegu Suwon-gu B, misunderstanding the front door as one’s house, and walked the front door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door

2. The Defendant committed an assault, at the same date, at the same time and place of the obstruction of performance of official duties, that “I am the front door,” stating that “I am the front door from the slope E belonging to the Suwon Police Station D Zone D District of the Suwon Police Station called “I am the front door, I am the front door, I am the front door, and I am the front door,” and assaulted “I am the front door, I am the face, I am the front.”

Accordingly, the defendant interfered with the legitimate execution of duties by police officers concerning 112 report handling duties.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and C;

1. Copies of public officials identification cards of the police;

1. Application of Acts and subordinate statutes to a copy of work log in the D District;

1. Relevant Article 260(1) of the Criminal Act, Article 136(1) of the Criminal Act, and Article 136(1) of the Criminal Act, and the choice of imprisonment, respectively, for the crime;

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. The sentencing guidelines for crimes No. 1 (Obstruction of Performance of Official Duties) (Scope of Recommendation) of the Act on the Performance of Official Duties: Type 1 (Obstruction of Performance of Official Duties/Performance of Duties), the basic area (six months to one year and four months) of the Act on the Performance of Official Duties [no person specially punished] of the Act on the Punishment of Violence / [Scope of Recommendation] of the basic area (two months to ten months) of the Act on the Punishment of Violence / The basic area (two months to ten months) of the Act on the Punishment of Violence / The scope of final sentence following the aggravation of multiple crimes

2. Circumstances unfavorable to the decision of sentence: The defendant is under the influence of alcohol;

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