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(영문) 대구지방법원 2016.04.29 2016고단919
공무집행방해등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. From around 10:30 on February 25, 2016 to 11:10 on the same day, the Defendant: (a) demanded the victim from “Eel” operated by the victim D in Daegu Southern-gu, Daegu-gu, to leave a carcto; (b) but was refused, the Defendant obstructed the victim’s motherel business by force for over 40 minutes by avoiding disturbance, such as: (c) leaving the hand and water gate on the floor of the cleaning car; and (d) putting the victim and the employees of the said telecom.

2. The Defendant interfered with the performance of official duties on the same day: (a) at the place specified in paragraph (1) at around 11:10 on the same day, and reported to the Defendant that the Defendant was in a disturbance, and (b) at the seat of the Daegu Southern Police Station G District of the Daegu-gu Police Station, where he was called out.

C. “C. H with the right drinking,” and continued to commit assaulting H’s chest due to heading.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on civil petition handling.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of the Acts and subordinate statutes to a report on dispatch to the site and to a CCTV image photograph;

1. Relevant provisions of the Criminal Act, Articles 314(1) and 136(1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

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

1. Scope of the recommended sentences according to the sentencing criteria;

(a) First-Class 1 (Obstruction of Execution of Official Duties) (Scope of Recommendation) (Obstruction of Execution of Official Duties) is the basic area (six months to one year and four months), and there is no special sentencing factor (special sentencing factor).

(b) No. 2 Crimes (Obstruction of Duties) [Scope of Recommendation] Interference with Duties, Type 1 (Obstruction of Duties) (Interference with Duties), the mitigation area (one month to 8 months) [Special Reduction Persons] Punishment Non-Crime

(c) The scope of final sentence due to the aggravation of multiple offenses: Six months to one year and eight months;

2. The fact that a mistake in the decision-making of sentence is divided, the fact that no criminal punishment is imposed for the past ten years, and the degree of damage is relatively weak.

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