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(영문) 대구지방법원 김천지원 2018.05.16 2018고단92
공무집행방해등
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

1. On December 23, 2017, from around 23:10 to 23:25, the Defendant interfering with his/her duties: (a) from the part of the Si of the Gu to the part of the Si of the victim D (54 years old); (b) from the part of the victim D (54 years old), he/she enters the part of the victim under the influence of alcohol and takes the victim’s bath without any justifiable reason; and (c)

Along 15 minutes of disturbance, a person gets knife and knife knife knife and knife knife knife knife knife knife knife knife.

2. 공무집행 방해 피고인은 같은 날 23:35 경 위 매장에서, 위 업무 방해 행위로 신고를 받고 출동한 구미 경찰서 소속 경찰관인 E이 피고인을 만류하며 귀가를 권유하자 소리를 지르며 이에 불응하던 중, 갑자기 발로 위 E의 낭 심 부위를 1회 걷어찼다.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the investigation of crimes and the maintenance of order.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Each statement of D and F;

1. With regard to report on internal investigation (in the situation of dispatch to the scene, etc.), application of investigation report (referring to work log for victimized police officers and application of statutes on attachment of identification cards);

1. Relevant Article 314 (1) of the Criminal Act, Article 136 (1) of the Criminal Act, and Article 136 (1) of the Criminal Act, and the choice of imprisonment, respectively, for the crime;

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

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

1. Reasons for sentencing under Article 62-2 (1) of the Criminal Act, including observation of protection and community service order;

1. Type 1 (Interference with and Forced Performance of Official Duties) (Determination on the territory of recommendation), the basic area [the scope of punishment for recommendation] from June to June 1; and

2. Type 1 (Interference with Business) [Special Sentencing) mitigation element] that interferes with business affairs (the determination of the type of decision) and interferes with business affairs: Reduction element (including efforts to recover damage), the area of reduction [decision on the area of recommendation] and the area of reduction [Recommendation].

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