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(영문) 대구지방법원 2016.04.26 2016고단979
공무집행방해등
Text

1. The defendant shall be punished by imprisonment for six months;

2.Provided, That 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 December 24, 2015, the Defendant violated the Punishment of Violences, etc. Act (joint assault) together with C, and committed assault around 23:40 on December 24, 2015, in front of the post office of the criminal items in the Daegu hydro-gu Water-gu Water-related Handbing, the victim D (61 tax) who is an acting driver, and the trial expenses. The Defendant breaddd the victim’s chest and face at the time of two to three times.

2. At the time and place specified in the above 1. Paragraph 1., the Defendant: (a) reported that F, a police officer belonging to the Daegu Suhyup Police Station E District, called for the reasons stated in the above 1. paragraph, demanded the Defendant to present an identification card; and (b) sealed the f’s chest by hand, booming the f’s chest, and booming the f’s hair.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on 112 reporting processing and criminal investigation.

3. The Defendant damaged property by cutting 110,00 won in the market value of the victim F at the time and place mentioned in the above 1.1. The Defendant destroyed the earphone by cutting down the earphone at the victim F’s market value.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect C by the police;

1. Each police statement made with respect to G, D, and H;

1. Application of Acts and subordinate statutes to photographs of damage and report on internal investigation (investigation of damaged articles);

1. Article 2 (2) 1 of the Punishment of Violences, etc. Act, Article 260 (1) of the Criminal Act (a point of joint assault) concerning a crime, Article 136 (1) of the Criminal Act (a point of obstructing the performance of official duties) and Article 366 of the Criminal Act;

1. Selection of each sentence of imprisonment;

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. Article 62 (1) of the Criminal Act on the suspended execution;

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

1. Scope of the recommended punishment according to the sentencing guidelines - No. 1 (Obstruction of the Execution of Official Duties) - No. 1 (Obstruction of the Execution of Official Duties) in the basic area (from June to one year and four months) (no person subject to special sentencing) - No. 2 (Scope of the recommended punishment) in the mitigated area (from January to August).

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