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(영문) 대구지방법원 김천지원 2016.05.18 2016고단91

공무집행방해

Text

Defendants shall be punished by imprisonment for four months.

However, from the date of the conclusion of the judgment, each of the defendants is against the defendants for one year from the date of the judgment.

Reasons

Punishment of the crime

At around 21:35 on January 17, 2016, the Defendants followed the inspection on the grounds that the G in the name of the said vehicle was under the suspension period of the driver’s license from the slope E belonging to the 3 Team of the police station patrol team in the Nowon-gu, Nowon-gu, Police Station, and Police Officer, who was carrying out patrol on the coo vehicle on the front side of the Gu, operated by the proxy driver on the coo-si, Nowon-si, Seoul. Defendant A assaulted Defendant B, while taking a bath, humping the ethth in which he spath while carrying out the said eth, and carried out the hum part of the said E in a hand, and Defendant B, while carrying out the bath, humbling the said e with his body, and humbling the said E with both humblings as a result of the interference with the performance of official duties.

Accordingly, the Defendants conspired and interfered with the legitimate execution of duties concerning traffic control of police officers and arrest of flagrant offenders.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to E and F;

1. Application of the Acts and subordinate statutes governing black stuffs and images;

1. The Defendants of the pertinent legal provisions concerning criminal facts: Articles 136(1) and 30 of the Criminal Act (the point of obstructing the performance of official duties) and the choice of imprisonment with prison labor

1. The Defendants subject to suspended execution: The following conditions of sentencing under Article 62(1) of the Criminal Act are determined by comprehensively taking account of the following circumstances: the Defendant’s age, sex, environment, motive, background, means, methods and results leading to the instant crime, and the circumstances before and after the instant crime, and all the conditions of sentencing as indicated in the theory of changes.

The favorable circumstances: The defendants are divided into one's mistake; the defendant A is the first offender; the defendant B has no criminal history other than the two fines; and the damaged police officers do not want the punishment of the defendants: the state's legal order is established and the state's punishment is urgently required to eradicate the light of public authority.