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(영문) 대구지방법원 2016.09.09 2016고단3208
공무집행방해등
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On June 29, 2016, at around 06:20 on June 29, 2016, the Defendant moved another person’s vehicle in front of Daegu Dong-gu B, Daegu-gu, with a witness’s 112 report, and sent to the site, and took a bath, such as “Yeman gu Police Station C District Guard D, Mana, Mana,” etc., of the Daegu East-gu Police Station Da, which called “Ye Ma, Mana, Mana,” and was pushed by D, who tried to arrest the Defendant as a flagrant offender in the suspicion of interference with the performance of official duties, was exposed to D’s face as food.

As a result, the defendant interfered with police officers' legitimate performance of their duties in their 112 dispatch duty, and at the same time, the victim guards D(44 tax) need approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Statement in each police statement made to D or E;

1. Application of each description in a standing photograph, vehicle photograph, written statement, diagnosis certificate, or any visual statute;

1. Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties) and Article 257 (1) of the Criminal Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Reasons for sentencing under Article 62(1) of the Criminal Act ( considered as favorable conditions for sentencing among the reasons for sentencing) of the suspended sentence [the scope of applicable sentences under the law] Type 1 (general injury) [the person subject to special sentencing] of one month to seven years [the scope of applicable sentences under the law] of imprisonment [the person subject to special sentencing] - In the case of interference with the performance of duties of aggravated factors [the scope of recommended sentencing] basic area / [the scope of recommended area] April to one year and six months [the person subject to general sentencing] - there is no record of criminal punishment [the person subject to suspended sentence] - In the case of interference with the performance of duties of adverse factors: there is no record of positive criminal punishment - there is no record of positive injury: there is no general reason for occurrence of harm: there is no attempt to recover adverse damage [the decision of sentence].

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