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(영문) 대구지방법원 2016.11.22 2016고단5071

공무집행방해

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

On September 11, 2016, at C cafeteria located in Daegu-gu, Daegu-gu, and around 00:10 on September 11, 2016, the Defendant returned home by the circumstances E, etc. of the affiliated districts of the Daegu-dong Police Station D District of the Daegu-dong Police Station called up after receiving a report from customers to 112.

At the request of the audience and the patrol house, the patrol vehicle was in front of the defendant's house located in the Daegu-gu Dong-gu, Daegu-gu.

The Defendant continued to take care of police officers upon the request of the above E to enter the house at the above date, time, place, and assaulted the above E’s left face one time by drinking a hand.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the handling of 112 reported cases and the maintenance of order by police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to a copy of work place;

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act;

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

1. The scope of the recommended sentence according to the sentencing guidelines [the scope of the recommended sentence] shall be the basic area (six months to one year and four months) of the obstruction of performance of official duties (the scope of the recommended sentence];

2. Consideration - The circumstances in which the defendant's age, character, conduct, health conditions, home environment, motive, means, consequence, and other various sentencing conditions recorded in the records of this case, including the following circumstances, are considered: