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(영문) 대구지방법원 안동지원 2016.04.26 2016고단86

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

At around 08:50 on January 16, 2016, the Defendant asked the police officer of the D District Zone to ask him about the damage of the Defendant’s vehicle parked in the E apartment parking lot located in the Dong-dong Police Station, Dong-dong Police Station D, Dong-dong, Dong-dong, Dong-dong, Dong-dong, to ask him about the damage of the Defendant’s vehicle at the D District Police Station located in the D District Office, which is located in the Gu-dong Police Station, and seems to threaten the Defendant’s behavior. As such, the Defendant abused the Defendant by destroying F’s dub, etc. with the left hand, thereby obstructing the Defendant’s legitimate execution of duties concerning the prevention of crime, etc. by the police officer.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes to each investigation report and accompanying documents;

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

1. The main sentence of Article 62 (1) of the Criminal Act (the following extenuating circumstances in favor of the reasons for sentencing);

1. The Defendant, on the grounds of sentencing under Article 62-2(1) of the Criminal Act, has been punished as a crime of interference with the performance of official duties, and at the same time, commits the same kind of crime is an unfavorable sentencing element against the Defendant.

However, the extent of the assault committed by the defendant was not so serious that it substantially interferes with the execution of official duties, and it is now recognized that the mistake is recognized and against it.

In addition, the sentencing conditions specified in the arguments of this case, such as the defendant's age, sex, environment, family relationship, and circumstances after the crime, shall be determined as the order. Since there are extenuating circumstances in light of the circumstances, the execution of a sentence shall be suspended on condition of protection observation and community service.