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(영문) 대구지방법원 2016.04.28 2016고단743
공무집행방해등
Text

A defendant shall be punished by imprisonment for six 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

1. On August 15, 2015, the Defendant: (a) under the influence of alcohol in front of the E-cafeteria cafeteria located in Daegu-gu, Daegu-gu, the Defendant abusedd the victim F (n, 31 years of age) by hand; (b) the victim G (n, 27 years of age); (c) the victim G’s face at the time of the dispatch by the police; and (d) the victim F (n, 31 years of age) the victim’s face at the time of the dispatch by the police; and (c) the victim F (n, 31 years of age) the victim’s face at the time of the dispatch by hand.

2. The Defendant interfered with the performance of official duties by assaulting the Defendant on the same date, time, and place as indicated in paragraph (1) at the same time, and at the same place as indicated in paragraph (1), and arresting the Defendant as an offender in the act of assaulting and arresting the Defendant on the spot, and committing assaulting the Defendant on the part of the police officer, who tried to board the patrol vehicle at the seat of the Daegu Dong Police Station of the Daegu Police Station of the Daegu Police Station, by failing to carry on the left part of the I, thereby interfering

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. The application of Acts and subordinate statutes to the police statement protocol, criminal conciliation decision, and protocol with regard to I;

1. Relevant Article 260 (1) of the Criminal Act and Article 260 (1) of the Criminal Act (the point of violence, the choice of imprisonment), and Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties and the choice of imprisonment);

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. The reason for sentencing under Article 62-2 of the Social Service Order Act is that there is no person in charge of the basic area (such as six months or one year or four months) (the scope of the recommended punishment) [the scope of the assault crime] under Article 62-2 of the Social Service Order Act [the scope of the recommended punishment] under Article 62-2 under the basic area (two months or one month to ten months), (the scope of the recommended punishment] under Article 62-2 of the Social Service Order Act No. 1 (the scope of the recommended punishment] under Article 62-2

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