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(영문) 대구지방법원 김천지원 2014.06.05 2014고단379
공무집행방해등
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

1. At around 04:50 on April 21, 2014, the Defendant: (a) was under the influence of the performance of official performance of official duties with other people in the vicinity of C main points in the Gu and America; and (b) was under the influence of the Defendant from the slope E (1969 students) belonging to the Gu and police station D Zone D (1969 students) of the Gu and the Inspector F (1960 students). While under the influence of the Defendant, he was under the influence of the Defendant: (a) was under the influence of the Defendant: (b) was under the influence of the Defendant: (c) was under the influence of the Defendant: (a) was under the influence of the Defendant; (d) was under the influence of the Defendant: (a) was under the influence of the Defendant: (a) was under the influence of the Defendant: (a) was under the influence of the Defendant; (b) “A) was under the influence of the Defendant’s chest; and (b) was under the influence of the Defendant’s chest.” (c)

Accordingly, the defendant interfered with legitimate execution of duties concerning E's patrol and suppression of crime.

2. In the time, at the time, at the place, as mentioned in paragraph (1) above, the Defendant abused the above E, and among approximately 20 persons including G, the Defendant made the victim’s publicly insulting the victim by “I am hyp hyp hyp hyp hyp and hyp hyp hyp hyp hyp hyp hyp hyp hyp hyp.”

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of E and F;

1. Application of H’s written Acts and subordinate statutes;

1. Relevant Article 136(1) of the Criminal Act and Article 311 of the Criminal Act concerning criminal facts (the point of obstructing performance of official duties and the choice of imprisonment), the choice of punishment (the point of insult and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments in two crimes);

1. Article 62(1) of the Criminal Act on the stay of execution (Article 62(1) of the Criminal Act (In light of the degree of the master of the defendant, age of the police officers, etc., the punishment of the defendant is to be imposed strictly, but there is no penalty power after September 2006, confession and reflects on the crime, family relationship, etc

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc. of Social Service Orders;

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