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(영문) 대구지방법원 포항지원 2017.05.11 2017고단268
공무집행방해등
Text

A defendant shall be punished by imprisonment with prison labor for up to 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 February 22, 2017, around 05:45, the Defendant sought to pay the taxi expenses in tobacco as there is no cash at the C District of the Police Station in the Southern-gu Police Station of the Southern-gu Police Station, Nam-gu, Chungcheongnam-gu. However, when the taxi driver refused to do so, and the Defendant was notified by the victim D (49 tax) who is the police officer belonging to the said District, to be the police officer belonging to the said District, against the violation of the Punishment of Minor Offenses Act, the Defendant requested D to revoke the disposition of notification.

D To be required to return home from D, and in this case, the victim's left face was taken once into account by the left part of the elbow, and the victim left side was d to d to the left side of the treatment period.

Accordingly, the defendant assaulted D who is a public official in charge of criminal investigation, etc. and interfered with the execution of his duties, and inflicted an injury on him.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to investigation reports (related to attachment of written confirmation of victim D medical treatment);

1. Article 136(1) of the Criminal Act applicable to the facts constituting an offense (the point of obstructing the performance of official duties) and Article 257(1) of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. The grounds for sentencing under Article 62(1) of the Criminal Act under the suspended sentence are as follows: (a) the Defendant, who led to the instant crime, led himself to the confession of the instant crime; (b) the extent of damage caused by the instant crime is not serious; and (c) the Defendant’s age, environment, sexual conduct, motive and means of the instant crime; and (d) the circumstances constituting the conditions for sentencing as shown in the pleadings of the instant case, such as the circumstances after the commission of the crime

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