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(영문) 대구지방법원 포항지원 2016.05.25 2016고단251
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On December 30, 2015, the Defendant: (a) around 21:35, at the C cafeteria located in the Southern-si, Southern-si, Chungcheongnam-si, Chungcheongnam-si, the Defendant: (b) broken the c cafeteria’s disease on the table that the victim D, who is the proprietor of the said restaurant, did not answer the table; (c) broken the c son’s disease on the table; (d) took a bath; and (e) laid down the c gate on the bottom; and (e) laid the c gate on the floor, let the customers in the place.

Accordingly, the Defendant interfered with the main business of the above victim by force.

2. The Defendant interfered with the performance of official duties at around 21:45 of the date indicated in the above paragraph (1), and committed assault against his visitors, thereby arresting a flagrant offender from F to a police officer affiliated with the E police box, and making the said police officer take a bath in the course of carrying the patrol vehicle, and assaulting the police officer twice to walk the boat of the above police officer.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the arrest of the police officer in the act of committing the crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to F, D, and G;

1. Relevant Article 136 of the Criminal Act, Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), Article 314 (1) of the Criminal Act (the point of obstructing duties) and the choice of imprisonment with prison labor 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. Article 62 (1) of the Criminal Act on the suspended execution;

1. For the reasons for sentencing under Article 62-2 of the Social Service Order Act, the scope of final sentencing due to the reduction area (one month to eight months), the mitigation area (one month to one month), the mitigation area (one month to one month), the mitigation area of punishment) the mitigation area (one month to one month), the mitigation area of punishment [the special mitigation person] the final sentencing scope due to the aggravation of punishment: June to one year and eight months [the determination of sentence] the following circumstances and other various sentencing conditions, such as the defendant's age, sex, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., shall be comprehensively taken into account.

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