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(영문) 대구지방법원 김천지원 2018.05.09 2018고단79
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant, at around 03:50 on January 21, 2018, at C Scki, located in Gumi-si B around 03:50, on the ground that the Defendant discovered that ccoos car was stopped on the alleyway and demanded the Defendant to move the said car to F, which is owned by the police officer affiliated with the police box of the old police station D, and asked the Defendant to inquire about the personal information of the Defendant.

While intending to read “A.h.” as a drinking dog, it threatened the horse G with drinking, sets the shoulder of the above G three times by hand, and continued to read “a flasing the police of the Republic of Korea, flag, h. h.,” and assaulted the above E face several times by drinking.

Accordingly, the defendant interfered with the police officer's patrol and duty of maintaining order.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to a report on internal investigation (in case of field conditions, whether to drive drinking, and documents attached thereto),

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

1. The main sentence of Article 62 (1) of the Criminal Act;

1. The reason for the sentencing of Article 62-2(1) of the Criminal Code of the Social Service Order and the reason for the observation of protection and the sentencing of Article 62-2(1) of the Social Service Order [Type] [Determination of the area of recommendation] basic field [the scope of punishment] from June to one year and six months [decision of sentence], the degree of assault intimidation, previous conviction, confession, and reflective attitude, etc.

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