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(영문) 대구지방법원 2014.05.23 2014고단1512
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than three 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

Around 14:04 on February 16, 2014, the Defendant stated that he was subject to a disposition that he was not authorized to institute a prosecution in relation to the assault case at the Seoul Northern District Prosecutors' Office in Daegu, Daegu around November 28, 2012, and that he stated that he was “Crop, spop, spop, and spop, were all forged.” Then, the Defendant stated that he was “Ispop, spop, and spop, spop, spop, and spop, spop, and spop,” and that he tried to go back to the Defendant, who is going outside of the earth, with both hand, and that he wanted to go home to go home, and that he would go home to the Defendant who is going back from the spopher of the earth, and that he would go back to the spop, i.e., why I would comply with the direction.”

Accordingly, the defendant interfered with the legitimate execution of official duties of police officers on the handling of civil petition cases.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Application of Acts and subordinate statutes, such as the place of service for the victim, a criminal investigation report (Attachment toCCTV CDs), CCTV video CDs, a criminal investigation report (to capture on the CCTV screen), each investigation report (to listen to the statement by a witness slope Eline), a criminal investigation report (F telephone statement in the background of the witness), and a criminal investigation report;

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

1. The reasons for sentencing under Article 62(1) of the Criminal Act ( considered as favorable circumstances among the reasons for sentencing) are as follows: (a) the confession of the facts of the crime by the defendant and reflects his mistake; (b) the violence of the defendant was relatively minor; (c) the health of the defendant is not good; (d) the defendant is a primary offender who is not punished; and (e) other various reasons and guidelines for sentencing indicated in the arguments of this case, such as the age, character and conduct, intelligence and environment, family relationship, motive, means and consequence of the crime.

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