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(영문) 대구지방법원 2016.06.03 2016고단1092
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On September 3, 2015, the Defendant was sentenced to imprisonment for a violation of road traffic law at the Daegu District Court on September 3, 2015, and completed the execution of the sentence on January 19, 2016.

On March 10, 2016, around 21:40 on March 10, 2016, the Defendant: (a) at the street room front of the “D” convenience store located in Daegu-gu, Daegu-gu; (b) was asked to present an identification card from the head of G police station to which he belongs of the F police station for work-man E was pushed ahead of the said G.

As a result, the Defendant sent out the same box with the above G, “A police officer shall not be sealed.”

If so, it interferes with the execution of public duties.

In order to see “I, at the time of a good flapsing, Ga, dead, and discarded”, the chest of the above H was flabed once by drinking, and the chest was flabed two times with the finger floor.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the control of crimes.

Summary of Evidence

1. Statement by the defendant on the second public trial date;

1. Partial statement of the protocol concerning the examination of the suspect against the defendant;

1. Statement made to H in the police statement protocol;

1. Each statement, each statement of investigation report (with respect to the confirmation of video images containing a hump page) or each statement or image;

1. Previous convictions: Application of respective Acts and subordinate statutes in which inquiries are made, such as criminal history, written judgments, personal identifications, and current status of acceptances;

1. Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing Article 35 of the Criminal Act for aggravated repeated crimes [the scope of the statutory applicable sentences] 1 month or 10 years of imprisonment [decision ] interference with the performance of official duties by obstructing the performance of official duties / [the person subject to special sentencing] - Where the degree of violence, intimidation, and deceptive scheme is minor - the number of public officials damaged by aggravated factors / (1) / [the scope of the recommended sentence] basic area / [the scope of the recommended sentence] 6 months to 1 year or 4 months [the general person subject to sentencing].

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