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(영문) 대구지방법원 2014.07.11 2014고단2123

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Criminal facts

On April 9, 2014, around 22:45, the Defendant: (a) opened and boarded the front part of the patrol vehicle with the view to 112 patrol units belonging to the Daegu Northern Police Station E-district of the Daegu Northern Police Station, on which the Defendant works as the central patrol unit, “Ik-si, Ik-si, Ik-si, Ik-si,” and called “Ik-si, Ik-si, Ik-si, Ik-si.”

After that, the Defendant, who was requested from F in the course of the patrol by G during the 112 patrol car, to leave the patrol car from F in the position of the E District Zone, and from G in the course of the said patrol car, saw F to wear a dog on the left shoulder of F’s police pointer with a drinking f, by hand, and used the above G with the desire to read “one fit blick blick blick blick blick,” and used the assault, such as displaying a drinking blick and blicking a blick blick.

Accordingly, the defendant interfered with legitimate execution of duties concerning the control and prevention of police officers' illegal acts.

Summary of Evidence

1. Defendant's legal statement;

1. The statement of each police officer made to F and G;

1. A report on internal investigation (Attachment of work place, etc.);

1. Application of the photographic Acts and subordinate statutes;

1. Article 136 (1) of the Criminal Act applicable to the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. The reason for the sentencing of Article 62(1) of the Criminal Act on the suspended sentence [Scope of Recommendation] Where the degree of violence, intimidation, and deceptive scheme is minor in the mitigated area (one to eight months) of the obstruction of performance of official duties (special mitigations), [Determination of sentence] the crime is not good that the defendant has committed violence to police officers who lawfully performed official duties and obstructed the performance of official duties; however, the crime is against mistake; the degree of damage to police officers seems to be relatively minor; and the punishment is determined as ordered in consideration of all the circumstances that are the conditions for the sentencing, such as the character and conduct of the defendant, environment, motive or circumstance of the crime, means and consequence of the crime, and the circumstances after the crime.