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(영문) 대구지방법원 김천지원 2015.04.22 2014고단1459
공무집행방해
Text

A defendant shall be punished by imprisonment for four 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 December 9, 2014, at around 00:00:03, the Defendant had a dispute with the first day of the D convenience store in Kimcheon-si, Kimcheon-si, the Defendant was under dispute with the first day of the D convenience store, and the Defendant was under control from the slopeF belonging to the Kimcheon-gu, Kimcheon-gu, Kimcheon-si, after receiving the 112 report, sent the F face two times of drinking, and was arrested as a flagrant offender, and led to the Kimcheon-si, Kimcheon-gu, Kimcheon-gu, Kimcheon-gu, G.

At around 00:24 of the same day, the Defendant stated that “F,” who continuously confirms personal information, etc., was “F,” and f, who was going to f, was f, who was going to f, and was f, at around four times the head of F, who was f, was f, to f., who was f., f., who was f., and was f., to f., who was f., to f., to f., to f.

Accordingly, the defendant interfered with legitimate execution of duties concerning police officers' patrol and suppression of crimes.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Each police statement made to H and F;

1. A criminal investigation report (the CCTV photograph and CD attachment, and the 50 to 57 pages of the investigation records) (the defendant and his defense counsel asserted that although the defendant took a bath within a police box, the defendant and his defense counsel did not assault the police officer F. However, according to each of the above evidence, the defendant and his defense counsel’s assertion cannot be accepted since it is recognized that there was an assault as stated in the facts charged.).

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Where the sentencing criteria are applied [Scope of recommending punishment] and the extent of violence, intimidation, and deceptive scheme is insignificant in the mitigation area (one month to eight months) (special mitigation person], the mitigation area (one month to eight months), the reduction area (special mitigation person), the reduction area;

2. Determination of sentence: Imprisonment with prison labor for a period of four months, one year, and community service;

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