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(영문) 대구지방법원 안동지원 2014.10.31 2014고단665
공무집행방해
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On July 29, 2014, at the defendant's residence located in Ansan-si B around 01:25, the defendant committed assault against the defendant, such as "C District Assistants Dok-gu, dispatched by the defendant upon receipt of a report that the defendant assaultss his wife and his children," and "C District Assistants Dok-gu, Dok-gu," and "dok-gu, Dok-gu, kn's shoulder, knife the victim's shoulder, knife the victim's shoulder, knife the victim's back, knife the victim's back, and knife the head knife about 10 times.

Accordingly, the defendant interfered with the performance of official duties in the domestic violence reporting case filed by the Ansan Police Station C District Assistant D.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements prepared in D;

1. Application of Acts and subordinate statutes to a report on investigation (as to photographs of a damaged body);

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

1. The reason for the sentencing of Article 62(1) of the Criminal Code of the Suspension of Execution [Scope of Recommendation] The reason for the sentencing of Article 62(1) of the Criminal Code of the Republic of Korea / [Scope of Recommendation] There is no basic area (6 to 1 year and 4 months) of the obstruction of performance of official duties (the special person who has been sentenced] / [Determination of sentence] The defendant's liability for the crime cannot be deemed to be light because the degree of assault is not less than that of the crime, but the confession and reflect attitude appears, and there is no record of the obstruction of performance of official duties, etc., the punishment was set by leaving the lower limit of the recommended sentence on the sentencing guidelines, taking into account

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