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(영문) 대구지방법원 2015.10.29 2015고단4391

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On August 30, 2015, the Defendant issued a notification of violation of the Punishment of Minor Offenses Act from C to the location of the Daegu Northern Police Station B District, which was dispatched to the site after receiving a 112 report that a drunk person was frighting at a Daegu gymnae Daegu-gu Daegu gymnae Park, Daegu gymnae Park, Daegu gymnae Park, Daegu gymnae Park, 39, on August 30, 2015, and obstructed a police officer’s legitimate performance of duties regarding the dispatch of the reported duties by 10 minutes, such as “this fright, fright, fright, fright, fright, fright of frightch fright,” and “the police officer is the police officer of this fright,” and frighted the frighte of c’

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to a criminal investigation report (at the time of autopsy);

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

1. The reason for sentencing of Article 62(1) of the Criminal Act under the suspended sentence [Scope of Recommendation] Article 62(1) of the Act on the Suspension of Execution of Official Duties and there is no basic area (referring to six months of imprisonment or one year and four months of imprisonment) [the special person] [the decision of sentence] [the defendant has interfered with the execution of official duties by making a bath to police officers in lawful performance of official duties and breathing a breath, etc., and the nature of the crime is not easy.

However, the fact that the defendant's mistake is divided and does not repeat the crime of this case, and the motive, means and result of the crime of this case, the circumstances after the crime of this case, the age of the defendant, character and conduct, family environment, etc. are considered, and the punishment shall be determined as ordered by the order.