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(영문) 대구지방법원 포항지원 2016.09.21 2016고단898
공무집행방해
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 14, 2016, at the “C cafeteria” located in Ulleung-gun B around 19:30 on June 14, 2016, the Defendant: (a) received a report from the proprietor, and received a request for returning home from the police officer E and F of the Ulle Police Station D police box called “bring, nick,” and (b) received a request for returning home from the driver E and the police officer of the Ulle Police Station: (c) stated that the Defendant “bring, nick,” and deemed that the Defendant carried the flaps of the above E twice by hand.

As a result, the Defendant interfered with the legitimate execution of duties of police officers concerning the handling of reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to E, G, and F;

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

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (see, e.g., Article 62 (1) of the Criminal Act (including the fact that the defendant is against his/her gender, there is no record of criminal punishment exceeding a fine, the degree of exercise of tangible power is relatively excessive, and the defendant is receiving medical treatment due to brain color or liverness

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