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(영문) 대구지방법원 김천지원 2016.12.01 2016고단1192

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 02:50 on June 21, 2016, the Defendant received the report of 112 from the Defendant at the time of taxi riding in front of the C Pharmacy located in the Gu and America, and received the report of 112 from the Defendant, and sent to the said site, the Defendant obstructed the Defendant from preparing a written statement by doing any act, such as checking the Defendant’s personal information, and failing to return home after having verified the Defendant’s identity, and failing to prepare a written statement by engaging in any act, such as: D in which a written statement of damage is drawn up and taking a bath on the back of the D and policeman F, and interfering with G’s body at one time.

As a result, the defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. The police suspect interrogation protocol of H;

1. Each police statement made to F and D;

1. Application of Acts and subordinate statutes of the I;

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

1. The main sentence of Article 62 (1) of the Criminal Act;

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

1. One month to five years from the date of imprisonment with prison labor for a prison labor in law; and

2. Application of the sentencing criteria [Determination of the type of the obstruction of the performance of official duties] Category I (Compulsory Obstruction of the Performance of Official Duties) (Scope of Recommendation Punishment] Imprisonment with prison labor for six months from June to April (Basic Area).

3. The circumstances that deny a crime in the initial stage of the investigation are elements of sentencing unfavorable to the Defendant, such as where the police officers dispatched after being reported as a taxi engineer or a trial secretary, appear to have a threat to the police officer.

However, the extent of the assault is relatively weak, the mistake is recognized, and there is a history of fines and the suspension of the execution of imprisonment with prison labor several times due to drinking driving and driving without a license, but the fact that there is no criminal record for the same kind of crime shall be considered as a factor of sentencing favorable to the defendant and sentenced as the disposition.