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(영문) 대구지방법원 2015.02.11 2014고단6480
공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than eight 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 November 26, 2014, at around 03:10 on November 26, 2014, the Defendant: (a) destroyed a cafeteria table, a dispute, etc., by following the restaurant table, and a misunderstanding and partitions, etc., on the ground that the victim C, located in Daegu Northern-gu B, was in a D cafeteria operated by the victim C; and (b) the women’s fluor and fluor, was in a

Accordingly, the defendant damaged the 698,000 won of the market price owned by the victim.

2. At around 03:50 on November 26, 2014, the Defendant of the obstruction of performance of official duties: (a) voluntarily committed an act within the F District of the Daegu Gangseo-gu Police Station located in Daegu Northernbuk-gu, Daegu for the said reasons; (b) voluntarily fluened the Defendant’s fingers of the Defendant who was faced with the entrance of the slope G where he was on duty in the earth; (c) pushed the chest of the said G, which fluened the said G, and continuously fluord the said G with the said G’s chest, and (d) continued to have the said G “G flus, flus, with the knife.” In addition, the Defendant fluened the face of the said G; and (d) committed assault, such as flusing the new and cellular phone.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the handling of the case by the slope G, a police officer.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to G, H and C;

1. A copy of work log and public official identification card;

1. Written estimate;

1. Application of Acts and subordinate statutes to photographs and photographs inside a restaurant;

1. Relevant Article 366 of the Criminal Act, Article 136 of the Criminal Act, Article 136 (1) of the Criminal Act, and the choice of imprisonment for the crime;

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. The reason for sentencing of Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] The basic area (6-1 year and 4 months) of the obstruction of performance of official duties (6-1 year and 4 months) (the decision of sentence] of the basic area (6-1 year and 4 months) of the obstruction of performance of official duties (the decision of sentence] of the crime is not less than that of the obstruction of official duties, and the degree of the obstruction of official duties has not been taken by police officers

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