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(영문) 대구지방법원 서부지원 2015.08.07 2015고단928
공무집행방해
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 June 6, 2015, at the front of the Cbaling Station B located in Daegu-gu, Daegu-gu, the Defendant: (a) took two times the face of the driver and the driver of the vehicle on the front side of the front side of the front side on the ground that snow caused by the head of the front side of the front side of the front side vehicle; and (b) thereafter, upon receiving the said driver’s report from the slope E belonging to the D District of the police station, the Defendant took a bath to the said E in order to ask questions about the circumstances of the instant case; and (c) assaulted both hands and the breast part of the said E on two occasions, thereby obstructing the police officer’s legitimate performance of duties concerning criminal investigation.

2. The second obstruction of performance of official duties was committed by the police officer’s legitimate execution of official duties on the ground that the said slope E was assaulted on one occasion due to the rash of the said slope E, due to the assault and the crime of obstruction of performance of official duties, at D Zone F located in Daegu-gu, Daegu-gu, on the same day, around 00:38, while being arrested as a flagrant offender due to the assault and the crime of obstruction of performance of official duties such as the preceding paragraph.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment for the crime, 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. Article 62 (1) of the Criminal Act on the stay of execution (Consideration, radius, and point of absence of the same force);

1. Social service order under Article 62-2 of the Criminal Act;

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