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(영문) 대구지방법원 2017.01.24 2016고단5932

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

The defendant is a company member who works for a security personnel company.

On November 8, 2016, 06:05, the Defendant was in the C cafeteria located in Daegu-gu, Daegu-gu, Daegu-gu, and was under the influence of alcohol with others.

On November 8, 2016, at the front of the above restaurant around 06:10 on November 8, 2016, the Defendant: (a) the police officer E belonging to the Daegu-gu Police Station D police station, who was dispatched to the site after receiving a report of 112, intended to have the Defendant returned to the site; (b) the Defendant refused to comply therewith; and (c) committed assault by taking the face of the police officer twice

Accordingly, the Defendant interfered with the police officer's legitimate performance of official duties concerning 112 reporting processing duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes in a summary statement;

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

1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of the recommended sentence] There is no person [the person subject to special sentencing] in the basic area (from June to one year and four months) (the person subject to special sentencing] [the decision of sentencing] [the defendant is the primary offender]; the defendant is the primary offender; the defendant's favorable circumstances such as the defendant's age, sexual behavior, environment, motive or circumstance of the crime, and all other favorable conditions of sentencing such as the defendant's age, sexual behavior, motive or circumstance of the crime; and the circumstances after the crime, etc., shall be determined as per the order.