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(영문) 대구지방법원 2015.04.24 2015고단858
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 22, 2015, at the Daegu East-gu Police Station D District District of the Daegu Dong-gu, Daegu-gu, the Defendant assaulted the police officer’s bridge E, who confirmed the circumstances related to the report, on February 22, 2015, by stating that “I ambling, I ambling, I ambling, I ambling, I ambling, and I ambom.”

Accordingly, the defendant interfered with the legitimate execution of official duties concerning the handling of reported cases by police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of the Acts and subordinate statutes to the place where the case occurred, such as arrest report, investigation report, and work in the D district;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of the recommended sentence according to the sentencing guidelines [the scope of the recommended sentence] shall be limited to the category 1 of the obstruction of performance of official duties (the scope of the recommended sentence], where the degree of violence, intimidation, and deceptive scheme is minor (the degree of special mitigation) (one month or eight months).

2. The criminal act of this case in the same kind is bad even though there is a history of being sentenced to a fine due to the determination of sentence of punishment for damage to public goods; and

However, the sentence like the order is imposed by taking into account the favorable circumstances such as the fact that there is no power of punishment heavier than the fine, the reflective fact, the degree of assault is relatively minor, the victim police officer's wife against the defendant, and other favorable conditions of sentencing as stipulated in Article 51 of the Criminal Act.

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