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(영문) 대구지방법원 2017.08.30 2017고단3387

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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 14, 2017, the Defendant was under the influence of alcohol in front of a new bank in Taegu-gu, Taegu, Daegu, 172(Gu) on the front of May 14, 2017, and was under the influence of alcohol due to a taxi driver and a boarding problem. The Defendant was under the control of B police station of the Daegu-gu, Daegu, upon receiving a report from a 112 taxi driver, and the circumstances of the case were heard by C, and the Defendant was under the control of the police station B police station of the Daegu-gu, the Defendant

Thus, the defendant is the above police officer "I do not have a fluoral fluor's fluor's fluor's fluor's fluor's fluor

“Abundling the police officer,” and “I see to the police officer, who gets off the vehicle and prevented the operation of the vehicle, and prevented the police officer from getting off the vehicle,” when the police officer was aboard the D patrol vehicle in order to move to another place.

".............. was assaulted by the above police officer, such as booming the above police officer by hand.

Accordingly, the defendant interfered with police officers' legitimate performance of duties in relation to the prevention, suppression, and investigation of crimes.

1. Partial statement of the defendant;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to investigation reports and photographs;

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

1. The fact that the reason for sentencing under Article 62(1) of the Act on the Suspension of Execution appears to have assaulted a police officer without any special reason, there are many criminal offenses committed by a defendant, who has been punished by a fine due to an violent crime, and the record of having been sentenced to a fine due to a obstruction of the performance of official duties, such as this case, shall be considered disadvantageous circumstances. However, the extent of damage by the damaged police officer is relatively minor, the defendant has no criminal record exceeding the fine, except for one time before and after the suspension of the execution of imprisonment for a long time, the defendant has no criminal record exceeding the fine, and the defendant is against his/her gender, taking into account favorable circumstances, such as the defendant's age and sexual behavior,