beta
(영문) 대구지방법원 2017.11.01 2017고단5046

공무집행방해

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On August 26, 2017, at around 04:50, the Defendant: (a) was required to present personal information to confirm the identity of the police officer, on August 26, 2017, by drinking at C District Zone in Daegu Northern-gu B, without any reason, by putting the 30 minutes of the earth door in two hand, and by assaulting D’s chest part of the chest, thereby hindering the legitimate performance of public duties for the maintenance of public order and order of police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The fact that the defendant, on the grounds of sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act, seems to have abused a police officer without any justifiable reason under extenuating circumstances should be considered to be disadvantageous. However, considering the fact that the damaged police officer's damage is minor, that only one time before and after a minor fine has been punished by driving without a license for a long time, that the defendant's reflects himself/herself, etc., the punishment shall be determined as ordered by taking into consideration favorable circumstances, such as the defendant's age, sexual behavior, etc., and taking into