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(영문) 대구지방법원 2017.02.28 2016고단1791
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On April 14, 2016, at around 03:50, the Defendant obstructed the business of the victimized person’s marina business by force by preventing customers from entering the said facility by avoiding a disturbance for about 45 minutes, such as engaging in the victim’s humiliation operated by the victim D in Daegu-gu, Daegu-gu, about 03:50, and by preventing them from entering the facility.

2. On April 14, 2016, at around 04:56, the Defendant: (a) assaulted the Defendant at the place indicated in paragraph (1) around 04:56; (b) the Defendant was requested to return home from the slope G belonging to the Daegu Southern Police Station Fridge, Daegu, which was called by the Defendant upon receiving a report of the disturbance within the said place; and (c) assaulted the Defendant, “I”, “I”, “I am the same,” and “I am the chest of G with a bad hand when I am the chest.”

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to G or D;

1. 112 Application of Acts and subordinate statutes to the details of handling reported cases;

1. Relevant Article 314(1) of the Criminal Act, Article 314(1) of the Criminal Act (the point of interference with business), Article 136(1) of the Criminal Act (the point of interference with the performance of public duties) and the choice of imprisonment for each crime;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspension of execution of the sentence are as follows: [The scope of punishment shall be recommended] The basic area (from June to January, and June) (No person subject to special sentencing) (the scope of punishment may interfere with his/her duties) of the crimes (the scope of punishment recommended from January to August), the area of mitigation (including January to August) (the scope of his/her duties), the area of mitigation (including a person subject to special mitigation) [including a person subject to serious effort to recover damage)] the scope of the final sentence according to the aggravation of multiple crimes (including a person subject to special mitigation) of punishment: June to October (the decision of sentence] as follows, taking into account the following circumstances, such as the age, sex, conduct, family relationship, family environment, motive, motive, and circumstances of the crimes, etc.: the sentence of this case, and the sentence of this case, and the sentence of this case, shall be imposed equally.

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