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(영문) 대구지방법원 2016.04.29 2016고단754
공무집행방해등
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

1. On December 25, 2015, the Defendant heard the horses that the victim C ( South, 56 years old) in Daegu-gu, Daegu-gu, Seoul-gu, about 23:40 on December 25, 2015 should have gone through business hours from the damaged, and she is suffering from the disturbance that he/she should go through the disturbance, and she has come to move.

"Catching the city expenses, breathing the victim's breath by hand, and assaulting the victim's left side and ear at one time, respectively.

2. On December 25, 2015, the Defendant interfered with the performance of official duties, before the above frequency: (a) around December 23:55, 2015; (b) seeing that the Defendant was aware of the customer’s death.

112 reported to the purport that “I am son,” and “I am son, I am to F of the position of E District of the Daegu Southern Police Station E District.”

C. The Defendant, while taking the desire to “Cp .......................” assaulted 5 times the chest part of the F, which was shacked by a bad hand, and pushed away on two occasions, thereby hindering the police officer’s legitimate execution of duties concerning the dispatch of report and notification.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A written statement concerning the F;

1. Application of Acts and subordinate statutes to a report on the arrest of a person who obstructs the performance of duties or violence, or dispatch of such case to the scene;

1. Article 260 (1) of the Criminal Act (the point of violence) and Article 136 (1) of the Criminal Act concerning the facts constituting an offense (the point of obstructing the performance of official duties) of the relevant Act;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (to the extent that the punishment is aggregated with the long-term punishment of both crimes);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of the recommended sentences according to the sentencing criteria;

(a) First-Class 1 (Obstruction of Execution of Official Duties) (Scope of Recommendation) (Obstruction of Execution of Official Duties) is the basic area (six months to one year and four months), and there is no special sentencing factor (special sentencing factor).

B. Class 2 Crimes (Assaults) (Extent of recommended punishment) in the basic area (two months to ten months) (no person who is subject to special sentencing) of the basic area (two months to ten months).

C. The scope of final sentence due to the aggravation of multiple offenses: six months to nine years.

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