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(영문) 대구지방법원 2017.04.25 2017고단505

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

Around December 26, 2016, the Defendant 203:25, 03:3:25, the Defendant was under the influence of alcohol to the Daegu Suwon-gu C District District District of the Police Station, and “D,” and the Defendant 2. However, the police officers who had been working within the district are unable to find out the Defendant “at the time of drinking, I would like to find it later.” Thus, the Defendant would be able to look at and talk about the alcohol later.

Maritime Affairs and Fisheries.

"As he recommended to do so, he assaulted on one occasion the left part of the victim E(30 tax) which is the police officer belonging to the above earth by using the left part's elbbow.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in relation to global guard service.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to a investigative report (to attachCCTV images);

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

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

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act requires a strict punishment as assaulting a police officer in the performance of official duties. Although there are several violence records against the defendant, the defendant has no record of obstructing the performance of official duties, the degree of assault is relatively minor, the crime is recognized and reflected, and other conditions of sentencing such as the defendant's age, sex, criminal conduct, family relationship, criminal history, the circumstance of this case, and the progress thereafter, shall be determined by comprehensively taking account of the following factors.