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(영문) 대구지방법원 경주지원 2015.04.09 2014고단930
공무집행방해등
Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 12, 2014, around 15:40 on October 15, 2014, the Defendant assaulted the Defendant, who was a medical police officer of the racing police station D, who was carrying out patrol duty, in the presence of his wife C around his citizen playgrounds in the Yellowdong-dong Yellow Park, and assaulted the Defendant, who was a medical police officer of the racing police station D, who was carrying out patrol duty, by satho, with the satho of satho, and the face of the said E in one hand.

Accordingly, the Defendant interfered with the legitimate execution of duties concerning the patrol duty of the above E, a police officer.

2. At around 16:10 on the same day as the preceding paragraph, the Defendant: (a) was arrested as a flagrant offender for the foregoing reason; (b) notified his parents of the arrest of the police officer while waiting for the investigation at the Yellowdong Police Station at the time of the racing; and (c) did not unfring the locks, the Defendant depiced the right of trust by walking the guard within the above police box.

Accordingly, the Defendant damaged the freedom of trust in the market value, which is the goods used by public offices.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to E, F, and C;

1. A report on investigation;

1. Application of statutes on photographs of damage;

1. Articles 136 (1) and 141 (1) of the Criminal Act of the relevant statutory provisions concerning criminal facts (the point of obstructing performance of official duties, the choice of imprisonment), concerning the crime;

1. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with punishment determined for injury to public goods heavier than punishment);

1. The reason for sentencing of Article 62(1) of the Criminal Act on the suspension of execution Article 62(1) of the Criminal Act, in the case where the scope of mitigation area (one-month or August) (Special Mitigation) [the scope of recommending punishment] of mitigation area (one-month or August), violence, intimidation, and deceptive scheme is minor, the scope of final sentencing due to the aggravation of multiple crimes where the value of invalid or destroyed articles is minor: the range of punishment according to the aggravation of multiple crimes (one-month or August).

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