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(영문) 대구지방법원 2014.07.17 2014고단2600
공무집행방해등
Text

A defendant shall be punished by imprisonment for not more than ten 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 April 29, 2014, the Defendant: (a) around 22:10, in front of the “C” restaurant located in Chungcheongnam-si, Chungcheongnam-si; (b) the Defendant, under the influence of alcohol, was subject to the restraint of disturbance from E and police officers belonging to the police box of the Gyeongbuk-do Police Station, who was called out after having received a report that he was off and she was fright away from clothes.

At this time, the Defendant committed assault, such as taking a bath for the police officer to restrain himself/herself, taking the above sub-paragraph (e) one time in his/her hand, and taking the chest of E once in his/her chest.

Accordingly, the defendant interfered with legitimate execution of duties concerning the control and prevention of police officers' criminal acts.

2. On April 30, 2014, around 01:05, the Defendant: (a) went to the room 2 of the detention room of the Gyeongsan Police Station located in the Gyeongsan-si, Chungcheongnambuk-si; (b) and (c) brought a toilet to the Defendant on the ground that the victim G (the age of 62) who is being detained together with the slick defect (the age of 62) told the Defendant “slick ................., the Defendant slick

Accordingly, the defendant assaulted the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement concerning E and G;

1. Application of statutes on the place of service and identification card;

1. Article 136 (1) of the Criminal Act and Article 260 (1) of the Criminal Act concerning the crime;

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

1. The grounds for sentencing under Article 62(1) of the Criminal Act for the suspended sentence under Article 62(1) of the Act on the Suspension of Execution are as follows: Article 62(1) of the Act on the Suspension of Execution of Official Duties (Scope of Recommendation) and Article 62(1) of the Act on the Suspension of Execution of Official Duties (Scope of Recommendation) that there is no basic area (6 to 1 year and 4 months) [the scope of Recommendation) / [the scope of the Punishment of Violence] / The basic area (2nd to 10 months] (2nd to 10 months) of the Act on the Suspension of Execution of Violence / The scope of final sentence due to the aggravation of multiple crimes without a basic area (2nd to 10 months): Six months to 19 months (Determination of Sentence] and assault a police officer to interfere with legitimate performance

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