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(영문) 대구지방법원 김천지원 2016.12.01 2016고단1143
공무집행방해
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 May 21, 2016, at around 22:50 on May 21, 2016, the Defendant: (a) reported on May 21, 2016, at around 22:50, the Defendant, while under the influence of alcohol, demanded the Defendant to return home on several occasions from the former American Police Station E District security guards F, and patrolmen dispatched to the site after receiving a report of 112 that “I am under the influence of alcohol, I am under the influence of alcohol; and (b) provided that I am under the influence of alcohol on three occasions.”

As a result, the defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases.

2. 2016. 5. 21. 23:37경 범행 피고인은 2016. 5. 21. 23:37경 위와 같은 장소에 다시 나와서 누워 있다가, "할아버지가 누워있다."라는 112신고를 받고 다시 현장에 출동한 구미경찰서 E지구대 순경 G으로부터 귀가할 것을 요구받자, “야 이 병신새끼야, 날 한번 엮어보아라."라고 욕설을 하면서 발로 G의 왼쪽 무릎을 걷어찼다.

The defendant continued to do so on the second floor of the 2nd floor of the lending, and tried to see the lower bottom and to control the defendant's behavior, and the F face was taken once a week.

As a result, the Defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning G and F;

1. A H statement;

1. Application of statutes on site photographs;

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

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

1. The main sentence of Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 (1) of the Criminal Act of the probation and community service order;

1. From one month to seven years and six months of imprisonment with prison labor within the applicable sentencing range by law; and

2. Application of the sentencing guidelines [Determination of Sentencing] The scope of the obstruction of performance of official duties (in the case of obstruction of performance of official duties/performance of official duties) shall be increased by the number of crimes (basic area) from six months to one year.

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