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(영문) 대구지방법원 포항지원 2016.11.10 2016고단1172
공무집행방해등
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. The Defendant: (a) asked a public official in charge of the performance of official performance of official performance of official performance of official duties to a public official in charge of the field B, who is a public official at the Center for the Residents of the Camping and Ginging and Ginginging and Ginginging and Ginginging and Ginginginging and Ginginging and Ginginginging and Ginging and Ginging and Ginging and Ginging and Ginging and Ginging and Ginging and Ging and Ginging and G at the Center for the Residents of the Ging and Ging and Ginging and Ginging and Ginging and Ginging and Ging and Ging and Ginginginging, “The Ha and Ging, Ha and Ging, Ha and Ginging, Ha and Ging and Ginging, Ha and Ging and Ma

계속하여 피고인은 상의를 벗고 약 20cm 칼자국을 피해자에게 보여주며 “경찰관 불러, 짭새 불러. 총 가지고 쏘라 그래. 짭새 겁 안 난다. 겁나는 줄 아나 새끼야, 남구청에 발가벗고 휘발유 들고 온 사람이 나야.”라고 말하여 협박하였다.

Accordingly, the defendant interfered with the legitimate execution of duties by the public official of the community service center.

2. 공용물건손상미수 피고인은 제1항 기재 일시, 장소에서 주민센터에서 사용 중인 공용물건인 사무용 PC 프린터기를 발로 3회에 걷어찼으나 파손되지 않아 미수에 그쳤다.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C or D;

1. Application of the Acts and subordinate statutes to a criminal investigation report (Attachment to a CCTV for video submitted for reference);

1. Article 136 (1) of the Criminal Act and Articles 143 and 141 (1) of the Criminal Act (the point of obstructing performance of official duties and choice of imprisonment) of the same Act concerning criminal facts and the choice of punishment (the point of attempted damage to public goods and the choice of imprisonment);

1. Of concurrent crimes, the punishment provided for in the former part of Article 37, Article 38 (1) 2, or Article 50 of the Criminal Act among concurrent crimes;

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

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

1. The sentencing guidelines set forth in the first category of crimes [in the scope of recommendations] shall be sentenced to imprisonment with prison labor for the basic sphere of the obstruction of performance of official duties (in the case of obstruction of performance of official duties and coercion of duties).

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