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(영문) 대구지방법원 2015.07.09 2015고단1553
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

1. On March 30, 2015, the Defendant was demanded several times to leave from the victim D on the day following the day when he/she completed the business after having ordered her to do so at a cafeteria located in Daegu Suwon-gu, Daegu-gu, Daegu-gu. B by ordering her to do so, at around 00:00.

However, the defendant does not respond to it, and the police officer dispatched by the victim's report on the same day at around 00:45 on the same day until he/she arrives, and he/she sits in the above restaurant and leaves the victim's place without good cause.

The Gu refused to comply with the Gu.

2. The Defendant, upon receiving a report at the same time and place as the preceding paragraph, requested from the head F of the police station affiliated with the Daegu Suhyup Police Station E District Unit, to leave the restaurant, and the head of the police station G to take the bath to “Yecin franch,” and to leave the restaurant again.

The chest part on the right side of the F, which is Cheong-doing, was boomed twice with the left part of the elbbow, and f was threatening as the face part of F was f.

Accordingly, the Defendant interfered with the legitimate performance of official duties by police officers on the handling of reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Written statements of D;

1. The defendant's assertion on the E District Work Site is alleged to the effect that he was in a state of mental and physical disability under the influence of alcohol at the time of committing the instant crime. Thus, according to each of the above evidence, it is recognized that the defendant was under the influence of alcohol at the time of committing the instant crime, but it does not seem that the defendant lacks the ability to discern things or make decisions. Thus, the above assertion is rejected.

Application of Statutes

1. Relevant provisions of the Criminal Act, Article 136(1) of the Criminal Act, Article 319(2) and (1) of the Criminal Act, and Article 136(1) of the Criminal Act, the choice of imprisonment, respectively, for the crime;

1. The former part of Article 37 of the Criminal Code among concurrent crimes.

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