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(영문) 대구지방법원 포항지원 2017.01.12 2016고단1497
공무집행방해
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

Defendant at around 18:43 on September 30, 2016, at his own residence located in North-gu, Northern-gu, Manasium “Isle to Bathers?” from a slope E (40) belonging to the police box located in the port of call called upon receiving a report of 112, the Defendant is waiting for the examination to examine where the inside money is located.

Even after hearing the word of "E", E committed violence, such as cutting off the part of the E's static mouths of the defendant one time due to the marith's marith, and cutting off the blick with the mash.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Application of Acts and subordinate statutes on investigation reports (the place of service at the time of occurrence and the list of reported cases attached to the list of reported cases);

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

1. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [Scope of Recommendation] There is no person who has the basic area (referring to six months of imprisonment or one year and four months of imprisonment) (referring to a person who is subject to special sentencing] of Article 62(1) of the Act on the Suspension of Execution of Official Duties (limited to a person who has been sentenced to punishment): The circumstances favorable to the fact that there is an adverse crime: (a) a person has committed a crime; (b) a person has been sentenced to a fine of 24 years prior to violence; (c) a person has been punished by a fine of 22 years prior to the crime; and (d) a person has been punished by a fine of 22 years prior to the crime; and (d) a person has been aged, other than each of the above circumstances, various factors of sentencing, including the defendant's character and conduct

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