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(영문) 대구지방법원 2015.11.13 2015고단4407
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

On August 30, 2015, at around 18:15, the Defendant: (a) obstructed police officers’ legitimate execution of duties in relation to the prevention of crime by assaulting, such as the Defendant’s shoulder part of the left part of the above E, and the wheels to the hand saw as a hand saw, at the front of the Daegu Suwon-gu C District; and (b) interfered with the police officers’ legitimate execution of duties.

Summary of Evidence

1. Statement of the police suspect interrogation protocol against the accused;

1. Statement of the police statement regarding E;

1. Application of Acts and subordinate statutes on images of photographs;

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions of sentencing favorable to the reasons for sentencing) of the suspended sentence [the scope of punishment under law] one month or five years of imprisonment (the determination of the period of suspension of performance of official duties] [the scope of the recommended sentence] basic area [the scope of the punishment] six months or one year or four months [the scope of the recommended sentence] [the scope of the recommendation [general person]]] - Where unaggravated injury occurs (the period of suspended sentence]] - General witness addiction or alcohol addiction - there is no positive or higher criminal punishment [the decision of the sentence] there is a lack of positive or higher criminal punishment [the decision of the sentence]. However, the degree of the defendant's assault or the degree of the obstruction of official duties is very heavy, but the defendant does not have been punished as the crime of obstruction of official duties, and the defendant does not have any more favorable punishment than the punishment of the defendant, and the punishment of the defendant cannot be determined by considering his age, alcohol and alcohol conditions, etc. after being hospitalized.

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