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(영문) 대구지방법원 2017.02.16 2016고단1572
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 becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 7, 2016, at a multi-household house located in Daegu Dong-gu, Daegu-gu, Daegu-gu, the Defendant: (a) committed assault against the Defendant on the ground that the Defendant was found to have satisfly reported by the Defendant from the victim C, the main owner of the said building, (b) 60 years of age; (c) humping the victim; (d) humping the victim’s bat; and (d) humping the bat; and (e) humping the victim’s chest

2. The Defendant obstructed the performance of official duties, at the time and place specified in paragraph 1, and at the place reported by the Defendant to the effect that he did not assault C from E in the circumstances belonging to the D District Unit of the Dong Police Station called out, the Defendant took a bath to prevent the Defendant from assaulting C, and the Defendant committed an assault to E by putting water in smells.

Accordingly, the Defendant interfered with the legitimate execution of duties concerning the handling of reported cases and the maintenance of order by police officers.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes in writing C;

1. Relevant Article 260(1) of the Criminal Act, Article 260(1) of the Criminal Act (the point of violence), Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties) and the choice of imprisonment for each 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. The grounds for sentencing under Article 62(1) of the Criminal Act for the suspended sentence are as follows: Article 62(1) of the Act on the Suspension of Execution [Scope of the Punishment] No. 2 Crimes (Interference with the Execution of Official Duties) in the basic area (two months to ten months) of the Crimes No. 1 (hereinafter referred to as the "Crime No. 2 Crimes") [the scope of the recommended punishment] [the scope of the Punishment No. 1 (Interference with the Execution of Official Duties)] in the mitigated area (one month to eight months), in the mitigated area (one month to one month), in the mitigated area (one month to one month), in the case where the degree of violence, intimidation, deceptive scheme, or interference with official duties is minor, the final sentencing scope according to the multiple aggravated crimes: February to one year and two months [the Determination of the Punishment] as set forth below, and the sentencing conditions of this case, such as the age, sex, family relationship, family environment, motive, means of crime, and circumstances after the crime, etc.

Conditions disadvantageous to him:

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