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(영문) 대구지방법원 2015.01.13 2014고단5915
공무집행방해
Text

A defendant shall be punished by imprisonment for six 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

On October 26, 2014, at around 21:18, the Defendant: (a) received a report from the 1112 official slope E belonging to the D District Unit of the Gyeongsan Police Station, called “I do not have any house; (b) I do not have any house”; and (c) assaulted the E’s part with the hand floor at two times.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers concerning 112 report handling duties.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning police statements to E;

1. Article 136 (1) of the Criminal Act applicable to the crime;

1. The reasons for sentencing under Article 62(1) of the Criminal Act (a favorable circumstances among the reasons for sentencing as follows) of the suspended sentence are as follows: (a) the defendant commits a contingent crime in his/her speech room; (b) he/she is unable to engage in violence or interference with official business; (c) he/she is unable to engage in any physical condition; (d) he/she has no criminal record of a suspended sentence or higher; (e) the defendant's age, character and conduct, intelligence and environment; (e) the motive, means and consequence of the crime; and (e) the reasons for sentencing indicated in the arguments, such as the circumstances after the crime of obstruction of performance of official duties, obstruction of performance of official duties, type 1, mitigation area (where the degree of violence is minor); and (e

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