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(영문) 대구지방법원 서부지원 2017.05.11 2017고단208

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 becomes final and conclusive.

Reasons

Punishment of the crime

On November 201, 201, around 20:40, the Defendant: (a) 112 reported on the first floor of the 102-dong underground parking lot located in Daegu-gu, Daegu-ro 33; (b) was able to ask questions about personal matters from the police station’s living safety and police officers C (26 tax) belonging to B, and was able to ask questions about the said C’s chest by hand, etc.; and (c) was able to have the said C’s chest returned to the house from the slope D (46 tax) belonging to B on the same day on his hand, who was solicited to return to the house, around 21:00 on the same day.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Application of laws and regulations on police statements made to D and C;

1. Article 136 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [Scope of Recommendation] - Types 1 (Obstruction of Performance of Official Duties and Compelling of Duties) in the basic area (from June to one year and four months) (where the degree of violence, intimidation, and deceptive scheme is minor / Where there are many damaged public officials, (1) the degree of violence committed by the defendant is relatively minor / (1) the extent of violence committed by the defendant is relatively minor; (1) the defendant has no criminal record other than a fine for driving under the influence of alcohol (203 years); and (2) the defendant has a dependent family member, such as his/her spouse and children, etc., the same sentence as the order shall be determined in consideration of the circumstances favorable to the defendant.