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(영문) 대구지방법원 포항지원 2018.07.11 2018고단542
공무집행방해등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around 13:36 on April 26, 2018, the Defendant: (a) sent a 112 report to the south-gu Mat in the south-gu Mat, Nam-gu; (b) “The Hambbn Police Station D police box belonging to the Southern-gu, Police Station D, who called out after receiving a 112 report, used the Defendant to have the Defendant returned home; (c) when the Habnbing Party D police box called out, she embling the Defendant, and assaulted the Defendant at the face of the said E.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the handling of reports.

On April 18, 2018, the Defendant: (a) from around 04:30 to around 05:30 on April 18, 2018, at the “H’s restaurant of the victim G operation in North-gu, North Korea at the port; and (b) at the sea area and small week, the Defendant heard the horses that the damaged person would incur KRW 11,00,000, while being provided with meals with only 1st, and 6,000; and (c) talked with the desire of “the soon after the reporting of Chewing,” she was unable to enter the restaurant, thereby interfering with the victim’s business affairs by force for about one hour.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and G;

1. Domestic investigation report (related to the dispatch process, etc.) - 6 photographs - 1 copy of the report processing case list, internal investigation report (verification and attachment of these images) - 4 photographs - one CD-1, investigation report (the statement by the victimized police officer's telephone);

1. Application of the investigation report (at the time of arrival at the site), investigation report (at the time of arrival at the site and the application of statutes to the Act and subordinate statutes;

1. Relevant Article 136 of the Criminal Act, Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), Article 314 (1) of the Criminal Act (the point of obstructing duties) and the choice of imprisonment with prison labor for the crime;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. The scope of the recommended punishment for the sentencing criteria shall hinder the duties of one crime (the scope of the recommended punishment) (the scope of duties).

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