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(영문) 대구지방법원 포항지원 2015.12.23 2015고단1138
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 14, 2015, at around 01:10, the Defendant recommended the Defendant to invalid in front of a restaurant located in Ulleung-gun B, a slope D belonging to the Ulleung Police Station C commander of the Ulle Police Station, who was called out after receiving a report, to “I am home,” and “I am bit of bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch, bottle bitch bitch bitch, bottle bitt bitch bitch, so I am am off, so I am off, I am off, I am off the face of the above D, and am off the son.”

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on 112 reporting processing affairs.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Application of Acts and subordinate statutes for internal investigation reports (limited to work place and copies of official identification cards);

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. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Probation, etc. Act / [the scope of recommendation] The basic area (6 to 1 year and 4 months) of obstruction of performance of official duties (the execution of official duties) and the basic area (6 to 1 year and 4 months): [the decision of sentence] unfavorable circumstances: The degree of assault is not more severe, the defendant's age, character and behavior, motive and circumstance of the crime, the means and result of the crime, and the conditions of sentencing as shown in the arguments, such as the circumstances after the crime, etc.

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