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(영문) 대구지방법원 경주지원 2016.06.29 2016고단63
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 11, 2016, at around 00:35, the Defendant was boarding a taxi in front of the Korean electricity construction building located in Dongcheon-dong, Dongcheon-si, and arrived at the destination, but he did not pay a taxi fee, which led to the parking lot in front of the police box located in D when the Defendant was driving by a taxi driver at the time of racing on the same day.

Defendant F, who received a request for the help of a taxi engineer from the above police box in front of the above police box of the Si/Skdong Police Station, recommended that the police officer of the above police box pay the taxi fare, “I am the police officer of this Y Ha, I am the police officer. I am the police officer of this Ha. I am the same.

The term "," and 3 to 4 times a drinking, which reads a lar, has been able to shaken and face.

The defendant continued to have been urged by the assistant G belonging to the above police box, who was called up upon the above request for assistance at the time of the above day, to return home, and the above police box door was walked several times, and the defendant expressed the face of G, "Iee. . . . . . . . . . . . . . . .. .. .. ...

Accordingly, the defendant abused F and G, thereby neglecting the legitimate performance of duties concerning the treatment of civil petitions by police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to B, G, and F;

1. Application of Acts and subordinate statutes to a copy of the service log for the E box and identification card;

1. Relevant provisions of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

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. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Application of the sentencing criteria [the scope of the sentencing guidelines] from six months to one year and four years (the basic area] from the imprisonment of six months (the scope of the modified sentencing guidelines] to six years; and

2. As to the instant crime in which a sentence of sentence was rendered, the nature of the instant crime may be light in that it may cause light of the legitimate exercise of public authority, due to the use of violence against police officers in the process of lawful performance of official duties.

(b).

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