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(영문) 대구지방법원 안동지원 2014.08.22 2014고단295
공무집행방해등
Text

A defendant shall be punished by imprisonment for four 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 December 26, 2013, at the main point of “C” located in the permanent residence B on December 23:3:35, 2013, the Defendant was asked “C”, a police officer of the Permanent Police Station D (a police box of the permanent police station) who was called upon upon receipt of the notification that customers are fighting, and tried to fight again to F, who is the Defendant’s will to read “I will see why you will fight each other.”

Accordingly, in order that slope E prevents the Defendant, and invalid F, the Defendant took a bath, francing the breath of the slope E, and francing it on the right side, and making the back water of slope E one time in the right side.

Accordingly, the defendant interfered with the police officer's legitimate performance of duties on handling reported cases.

2. On the date and time set forth in the above paragraph 1, the Defendant obstructed the victim’s main business affairs for about 30 minutes by force, such as: (a) the Defendant, at the main point set forth in the above paragraph 1 operated by the Victim G, received the victim’s report from the police station, and called “the Defendant reported to the packer, as he reported to the packer, or as he reported to the packer, and doing so; and (b) the Defendant obstructed the victim’s main business affairs for about 30 minutes by force.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and G;

1. Application of Acts and subordinate statutes to report internal death (on the spot and attaching photographs of damage);

1. Relevant Article 136(1) of the Criminal Act and Article 314(1) of the Criminal Act (the point of obstruction of performance of official duties and the choice of imprisonment), the choice of punishment for the crime (the point of obstruction of official duties and the choice of imprisonment);

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

1. Reasons for the sentencing of Article 62(1) of the Criminal Act [the range of recommending sentence] of the Act on the Suspension of Execution [the scope of punishment] of the Act on the Suspension of Execution of Official Duties (Obstruction of Performance of Official Duties). In the mitigated area (one month to eight months) (special mitigation), the degree of assault, intimidation, and deceptive scheme is minor.

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