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(영문) 대구지방법원 2016.05.12 2015고단5730
공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. On October 12, 2015, the injured Defendant: (a) caused a traffic accident on the national highway “CMat” located in Sinsan City B around 22:00; (b) inflicted injury on the victim D (24 years old); (c) caused the victim’s face by drinking 6 times on the ground that he reported this 112; and (d) caused the victim’s face by drinking hand on two occasions; (b) caused the victim E (20 years old); (c) caused the victim’s face of the victim E (20 years old); and (d) caused injury, such as light finites and salts requiring treatment for about 14 days; and (e) caused injury to the victim E, such as cinites, tensions, tensions, etc. requiring treatment for about two weeks.

2. The Defendant interfered with the performance of official duties at the same place as indicated in paragraph 1 at the same time as indicated in paragraph 1, and as indicated in paragraph 22:30, around 112, the police officer assigned to the F police box of the Gyeongsan Police Station, who was called “Arriing to the side on the side for traffic accident and safety,” and the Defendant’s access to the road should not be avoided, and the police officer should be for ordinary people;

The head of the Gu, who is called dynasium, interfered with the legitimate execution of duties concerning the dispatch of reports by police officers 112 at one time on the face of the above G.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to G, D, and E;

1. Each injury diagnosis letter;

1. Application of Acts and subordinate statutes to the investigation report (as to the victim's photograph);

1. Relevant Article 257 (1) of the Criminal Act and Article 257 (1) of the Criminal Act (the point of injury, the choice of imprisonment), and Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties and the choice of imprisonment);

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. Crimes 1 (Obstruction of Execution of Official Duties) of Article 62(1) of the Criminal Act on the grounds of the suspended sentence under Article 62(1) of the Criminal Act with no basic area (six months to one year and four months) (the person who is subject to special sentencing) (the scope of recommending punishment) (the scope of recommending punishment) of Article 62(1) of the same Act on the grounds of the suspended sentence (the favorable circumstances among the grounds for sentencing). The first type of general injury (the scope of recommending punishment) of Article 62(1) of the same Act on the grounds of the suspended sentence.

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