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(영문) 대구지방법원 2016.09.08 2016고단3299
공무집행방해등
Text

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

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

Reasons

Punishment of the crime

1. On June 24, 2016, the Defendant expressed that he would not pay a taxi fee to the victim D (the aged 60) who is a taxi engineer, in the street in Daegu Dong-gu, Daegu-gu, 19:05, the Defendant expressed that he would not pay a taxi fee to the victim D (the aged 60). The victim paid a defective fee to the reported phone in 112, and gets off the taxi at the above taxi. The Defendant expressed that the victim her her her her her her her her her her her her her her her her her her her her, waiting for the police in front of the above her her her her her her her her her her her

2. From around 19:09 to 19:35 on the same day, the Defendant publicly insultingd the victim F, a police officer belonging to the Daegu East Police Station E-gu, Daegu Police Station E zone, who was called out after receiving a 112 report stating that the Defendant was aware of the rent, and that he was able to take a bath at the same place. The Defendant sexually insultingd the victim by 26 minutes of the 19:09 on the same day.

3. At around 19:35 on the same day, the Defendant: (a) when she was arrested as a flagrant offender in the crime of insult by taking a bath to F at the above place; (b) and (c) was assaulted by F in his hand by making it difficult to refund F.

Accordingly, the defendant interfered with legitimate execution of duties concerning the arrest of police officers in the act of committing a crime.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F and D;

1. A complaint;

1. A detailed statement on processing reported cases;

1. Application of Acts and subordinate statutes to a copy of work place;

1. Relevant Article 136 of the Criminal Act, the choice of punishment for the crime, Article 136 of the Criminal Act, Article 260 (1) of the Criminal Act, Article 311 of the Criminal Act, and the choice of imprisonment, respectively;

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

1. Since the reasons for sentencing under Article 62(1) of the Criminal Act (a favorable consideration of the reasons for sentencing below) are concurrent crimes with the offense of insult for which no sentencing guidelines are set, only the lower limit of the scope of sentence will be referred.

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