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(영문) 대구지방법원 2015.09.10 2015고단3107
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 1, 2015, at around 01:50, the Defendant used the “C” restaurant parking lot located in Yongcheon-si B, Youngcheon-si, for the following reasons: (a) the police box belonging to the Youngcheon Police Station Diplomatic Police Station called up after receiving a report from the floor under the influence of alcohol; (b) the police box F incurred in the string f in order for the Defendant to return home to the Defendant; (c) the part of the F itself was set up twice on the hand floor; and (d) the part of the buckbucks part twice.

The Defendant continued to assault the above E’s reciting and static part of the E, each of which led to the Defendant, once again.

As a result, the Defendant suffered the victim F from the victim F, the victim E, and the victim E, from the following bridge sites requiring approximately two weeks of treatment, and at the same time interfere with the legitimate execution of official duties concerning the mobilization of the police officer's report.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement of E and F;

1. Reports on internal investigation (related to the attachment of photographs on the part of damage), investigation reports (related to the confirmation of CCTV images and the attachment of photographs);

1. The defendant's assertion on the investigation report (related to attachment of a medical certificate) argues that the defendant was under the influence of alcohol at the time of the crime of this case, and therefore, according to each of the above evidence, the defendant was under the influence of alcohol at the time of the crime of this case, but it cannot be deemed that the defendant was under the influence of alcohol at the time of the crime of this case, but the defendant did not have the weak ability to discern things or make decisions.

Application of Statutes

1. Article 136 (1) of the Criminal Act and Article 257 (1) of the Criminal Act concerning the facts constituting an offense;

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

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing of Article 62(1) of the Criminal Act (the following sentencing grounds) is the crime of injury.

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