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(영문) 대구지방법원 김천지원 2014.06.05 2014고단381
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On March 26, 2014, at around 01:28, the Defendant: (a) obstructed the “D” of the victim C (the age of 36)’s operation in Gumi-si B; (b) obstructed the Defendant’s demand for refund even if bread the food purchased from her territory under the influence of alcohol, and caused the victim to hear the phrase “it is impossible to refund the product already opened.”

After about five minutes, the defendant went to the above convenience point, and again returned to the victim and returned to the victim. As the defendant again refused to return from the victim, he gets to walked three times as he gets out and walked on the part of the victim, and he saw the victim's knife with his hand at one time.

Accordingly, the defendant assaulted the victim.

2. The Defendant spited the F’s face on one occasion when and at the same time and at the same place under paragraph (1) of this Article, the Defendant was asked by F, etc., of the background and personal information of the case from the former American Police Station E District of the police station, who was dispatched after being notified of the above disturbance, and asked F, etc. of his personal information.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the patrol and suppression of the above FF's crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each statute to the statement of C and F

1. Relevant Article 260(1) of the Criminal Act and Article 136(1) of the Criminal Act (the point of violence and the choice of imprisonment), the choice of punishment for the crime (the point of obstruction of performance of official duties and the choice of imprisonment);

1. Among concurrent offenders, the fact that the reasons for sentencing under the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act (within the scope of adding up the long-term punishment of two crimes) are very many criminal power to the accused, the relationship between the parent-type system and the unmarried person seems to be severed, and there is no certain occupation, and the degree of assault against the victim C is more severe, and the method of insulting the police officer F is too ambiguous, and all of them are severe punishment.

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