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(영문) 대구지방법원 2016.07.21 2016고단1391

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On April 5, 2016, the Defendant: (a) received a report from D cab drivers E to “any person who is not at a taxi without paying a taxi fee,” and received a demand for getting off the taxi from the slope F belonging to C District in the Daegu Northern Police Station C District of the Daegu Northern Police Station, which was called up, on April 5, 2016, the Defendant, “I”, and “I am off this part of the taxi. I am off. I am off this part of the taxi.”

“............... on his hand, assaulted the F’s left side at one time.

Accordingly, the defendant interfered with legitimate execution of duties by police officers' patrol activities.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. E statements;

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

1. Relevant provisions of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment.

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] There is no person who has the basic area (from June to January 4) (i.e., interference with the performance of official duties and coercion of duties) (i.e., a person subject to special sentencing] [decision of sentencing] and criminal records against the defendant, and the crime of this case is committed against the police officer who performs official duties, and the nature of the crime is not minor, but the defendant has no record of being sentenced to the suspension of qualification or heavier punishment, and is late against the defendant in depth, and all of the sentencing conditions specified in the arguments and records of this case including the defendant's age, sexual behavior, environment, and circumstances after the crime is committed shall be comprehensively considered, and the sentence is determined as per the order.