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(영문) 대구지방법원 상주지원 2015.09.08 2015고단356
공무집행방해등
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 became final and conclusive.

Reasons

Punishment of the crime

On July 31, 2015, at around 23:15, the Defendant reported 112 that the Defendant interfered with the business in front of the D main points located in the Yancheon-gun, Chungcheongnamcheon-gun, the Defendant: (a) expressed her bath to a slopeF belonging to the Yancheon Police Station E zone; and (b) her victim G (the age of 46) belonging to the same district on the ground that F’s chest and face are prevented; (c) her loss caused by G (the age of 46) caused by his/her hand, and her loss caused by his/her removal.

As a result, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of the 112 Report Report case, and at the same time, the Defendant inflicted an injury on G on the left-hand 5 pages in need of approximately 4 weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

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

1. Article 136 (1) of the Criminal Act and Article 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the crime of obstruction of performance of official duties and the crime of injury was dealt with as multiple offenses. However, the criteria for handling multiple offenses in the sentencing guidelines are applied to concurrent offenses under the former part of Article 37 of the Criminal Act. Since the crime of obstruction of performance of official duties and the crime of injury in this case is not related to concurrent offenses under the former part of Article 37 of the Criminal Act, and is punished as the most severe injury, the criteria for sentencing for the crime of injury should not be applied as multiple offenses. [the scope of recommending punishment] The basic area [the person who is subject to special mitigation] of category 1 (4 to 16 months] and the basic area (4 to 16 months) of the general injury [the decision of sentence] has no history of criminal punishment for the last ten years, and if the defendant is detained for a considerable period of time, his mistake is divided, the defendant's age, character and behavior, environment, etc.

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