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(영문) 대구지방법원 포항지원 2015.07.23 2015고단354
공무집행방해
Text

A defendant shall be punished by imprisonment for six 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

On March 28, 2015, at around 00:00, the Defendant avoided a disturbance by: (a) having been notified of the referral of a summary trial to a violation of the Punishment of Minor Offenses Act in relation to a taxi-free car from a slope D (the age of 41) at the parking lot for the Posi Police Station B located in the Posi-gu B at the port; and (b) having been parked at that place; (c) having been given a notice of the referral of the summary trial to a violation of the Punishment of Minor Offenses Act; and (d) having expressed a desire to “fright bitch bit bit

Therefore, when D notifies the defendant that he would be subject to notification as a disturbance of public office's drinking behavior in relation to the defendant's disturbance, the defendant laid the cellular phone cited by his hand on the floor and pushed D's chest with two descendants once.

Accordingly, the defendant assaulted D who is a public official to perform his duties within a police box and interfered with the execution of duties.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes for report on internal investigation (a copy of the working place; attachment of suspect image pictures);

1. Relevant Articles 136(1) and 136(1) of the Criminal Act concerning criminal facts, the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. The reason for the sentencing of Article 62-2 of the Criminal Act on Probation and Social Service Order [Scope of Recommendation] Where the mitigation area (one month or month of imprisonment with labor or eight months of imprisonment with labor) [Special Mitigation] and the degree of assault, intimidation, and deceptive scheme is minor [Pronouncement of sentence] unfavorable circumstances: The defendant has several criminal records related to violence, and there are many other favorable circumstances where the defendant has been subject to suspended sentence, and there are many favorable records of punishment including suspended sentence: Violence was committed on one occasion, and the degree of obstruction of performance of official duties is not deemed to be particularly heavy; there was no history of punishment for the same kind of crime and there was no history of punishment exceeding a fine due to the crime related to violence; and there is no past record of punishment for the same type of crime; and

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