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(영문) 대구지방법원 포항지원 2014.05.01 2014고단110
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

However, 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 January 18, 2014, the Defendant interfered with the performance of official duties by assaulting the police officer’s legitimate execution of duties concerning the maintenance of order, such as flabing the flab, flab, and flabing the 84-dong, Seo-gu, Seo-dong, Seo-gu, 84 Bank, and traveling on the road above the road. On the part of the Defendant, the Defendant assaulted the police officer’s legitimate execution of duties as to the maintenance of order, such as the flab, flab, flab, flab, etc., who was dispatched after receiving a report

2. Around 00:40 on January 18, 2014, the Defendant: (a) arrested the Defendant as a flagrant offender for the same crime as indicated in the preceding port; (b) sent the said police box to make a statement of the witness on the ground that the Defendant was arrested as a flagrant offender; (c) and (d) 6 persons, including E, visiting the said police box to make a statement of the witness; and (d) took a heavy voice to the victim D, to publicly insult the Defendant by openly obcing the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statements made to E, D, and F;

1. Relevant Article 136(1) of the Criminal Act and Article 311 of the Criminal Act concerning criminal facts (the point of obstructing performance of official duties and the choice of imprisonment), the choice of punishment (the point of insult and the choice of imprisonment);

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

1. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc.;

1. The scope of punishment by law: Imprisonment with prison labor for not more than six years;

2. Scope of recommendations on the sentencing criteria - Basic crime: The scope of recommendations on the sentencing criteria - The scope of the obstruction of performance of official duties, the obstruction of performance of official duties, the mitigation area of the first category (in cases where the degree of violence, intimidation, and deceptive scheme is minor), and the application of the standards for multiple offenses not more than eight months of imprisonment: the lower limit is based on the relation of insult for which the sentencing criteria have not been set and the concurrent crimes under the former part of Article 37

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