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(영문) 대구지방법원 상주지원 2015.01.20 2014고단646
공무집행방해
Text

A defendant shall be punished by imprisonment for one year.

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

At around 17:20 on December 6, 2014, the Defendant: (a) 112 reported that a assault case occurred while standing in front of the Diplomatic Association located in C, and interfering with the passage of the vehicle, and the guard F of the resident police station, who was called out after receiving a report of 112, takes the Defendant’s arms, takes the Defendant’s arms on the road and takes it back to the road edge; and (b) took the bath to the said F on the ground that, in his hand, he was removed from the rank rank attached to the left shoulder of the said F on his hand, and assaulted the said F on one time at the end of his hand the back of the back and walking the back of twice.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol of statement to F;

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Code of the Social Service Order and Article 59 of the Act on Probation, etc. [Scope of Recommendation] There is no basic area (6 to 1 year and 4 months) of the obstruction of performance of official duties (decision of sentence] [decision of sentence] The defendant has no criminal record of the same kind; the defendant has been detained for a considerable period of time; the defendant has been detained for a considerable period of time and his/her mistake is divided in depth; the defendant's age, character, conduct and environment, motive, means and consequence of the crime; and other conditions of sentencing as shown in the arguments of this case, such as the circumstances after the crime, shall be considered and sentenced as ordered.

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