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(영문) 대구지방법원 김천지원 2016.08.24 2016고단438
공무집행방해등
Text

A defendant shall be punished by imprisonment for four 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

1. On March 19, 2016, the Defendant damaged KRW 143,00 of the repair cost by drinking the victim’s right-hand cab owned by the victim D without any special reason, on the road in front of the Gumi-si B around March 13:0, 201.

2. The Defendant, at around 13:05 on March 19, 2016, was asked questions about personal information, etc. from the slope G of the police box affiliated with the police box located in the Nowon-gu, Nowon-gu, Seoul Special Metropolitan City, upon receiving a report that the proprietor damages the vehicle at the place indicated in the foregoing paragraph 1 at around 13:05, and the Defendant was asked from the slope G of the police box affiliated with the police box located in the Dong-gu Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City, about the following: (a) the Defendant was forced to ask him

“In doing so, assaulted the above G by shouldering the head in a hand with a tight hand while taking a bath.”

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the handling of 112 reported duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to G, D, and H;

1. Application of Acts and subordinate statutes to a written estimate for an investigation report;

1. Relevant Article 366 of the Criminal Act, 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 under Article 62(1) of the Criminal Act (the conditions favorable to the reasons for sentencing) are as follows: (a) the scope of the recommended punishment [the scope of the punishment] the mitigated area (one month to eight months) of the mitigated area (the scope of the recommended punishment] of the mitigated area (one month to six months), the mitigated area (including a special mitigated person) of the mitigated area of the mitigated punishment (including a serious effort to recover damage) of the mitigated area of the punishment (including a serious effort to recover damage), or the mitigated scope of the final sentence due to the aggravated punishment: January to November [the decision of the sentenced sentence] of the Defendant destroyed a vehicle parked without good cause and assaults the police officer to perform public duties.

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