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(영문) 대구지방법원 경주지원 2019.06.13 2019고단84
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

except that 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 20, 2018, at the center of the racing and police station located at the center of 06:54, the Defendant was unable to avoid disturbance for about 10 minutes, such as that two persons, such as the one room at the center of the racing and police station located in the center of 63 at the center of the city, on December 2018, and two persons, such as B (27, B, and Thai nationality) who was confined to the same room, were able to avoid disturbance for about 10 minutes, and as to the above disturbance, C, who heard the warning that “it may be taken off to the detention room” from the police officer working at the detention room, “I would have mistakenly taken off to the detention room.” In order for C to take the Defendant into the protection room, C brought the Defendant’s left arms into the detention room to assault the victim’s head on one occasion due to defective loss.

As a result, the defendant assaulted a police officer, thereby obstructing the police officer's legitimate execution of duties concerning the management of a detention room.

2. In the above time, at the same place, the Defendant was suffering from the head of the victim B (age 27, B, and Thailand nationality) (age 27) who was faced in a lock-si detention room in order to leave the police station due to the above violence, and the victim was suffering from the body part of the victim B (age 27, B, and Thailand nationality) who continued to be used in the same room, and the victim was suffering from approximately 2 weeks of the face part of the victim due to the assault.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D, C, and B;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article 136(1) of the Criminal Act, Article 257(1) of the Criminal Act and the choice of punishment for the crime, the choice of punishment for the crime

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

1. The reason for sentencing of Article 62(1) of the Criminal Act is that the defendant's criminal records (referring to six months of imprisonment and two years of suspended sentence for the crime of obstruction of performance of official duties in 191), the circumstances of the instant crime, the degree of obstruction of performance of official duties, and the degree of injury, confession and rebuttal.

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