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(영문) 대구지방법원 김천지원 2017.05.16 2016고단1622

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On August 19, 2016, the Defendant reported 112 that a traffic accident occurred at around 03:50 on August 19, 2016, at C ahead of the road located in Kimcheon-si, Kimcheon-si B, and attached a slope E by the Kimcheon Police Station D police box called to the said site, and the Defendant aboard the F that the Defendant was a vehicle involved in the accident, and shoulders the Defendant’s body that he was locked in the said vehicle, and shoulders the Defendant’s body.

”라고 신분을 밝히고 차량에서 내릴 것을 요구하자, “ 이 씹할 것 들” 이라고 욕설을 하면서 양쪽 발로 위 E의 얼굴을 2회 걷어찼다.

Accordingly, the Defendant interfered with the legitimate execution of duties concerning the handling of reported cases and the investigation of traffic accidents by police officers.

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 to report internal investigation (Attachment of field photographs of traffic accidents) and investigation reports (the table of 112 reported cases);

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Application of the sentencing criteria [Scope of the recommended punishment] The basic area (from June to January to June) (no person who has any special sentencing seal] shall interfere with the performance of public duties;

2. The crime of this case, which is determined to be sentenced, is likely to obstruct the police officer's performance of official duties by walking twice the face of the police officer called up by the defendant after receiving a report of a traffic accident, and the nature of the crime is bad in light of the method.

However, the Defendant recognized the entire crime of this case and runs a profoundly against the Defendant.

A defendant has no record of criminal punishment for the same crime or violence, and has no record of criminal punishment exceeding a fine.

In the above circumstances, the punishment shall be determined as per Disposition by comprehensively taking into account all the conditions of sentencing, including the defendant's age, sex, family relationship, and circumstances after the crime.