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(영문) 대구지방법원 김천지원 2018.10.10 2018고단828

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 July 27, 2018, at around 16:30, the Defendant 16:30, drinking alcohol at C restaurant located in Gumi-si B, and received a report of 112, and franchising f (33 tax) from the slope F (33 tax) belonging to the Gu police station Eargu, the Defendant saw f to f to f for her home home at the front of the above restaurant, and f to her home at a large interest, and f to her home to her home to her home to her home to her home to her home to her home to her home to her home to her home to her home to her home to her home to her home to her as her hand, and the above F her hand to her hand and her hand to her hand, and she f f to her face.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the maintenance of public peace and order.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Written statements of D and G;

1. Application of statutes on site photographs;

1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment for the crime, 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 [the type of determination] The basic area of the first type (the obstruction of the performance of official duties and the coercion of duties) [the decision on the sphere of recommendation] [the scope of recommendation] six months to one year and six months] [the grounds for suspension of execution] general consideration (affirmative): There is no criminal conviction above the suspension of execution [the decision of sentence] spiting the face of police officers, etc. (the method of committing a crime, such as spiting the spit, is inadequate.

It seems that the victim police officer flicked and flicked a considerable amount of insult and insult.

The fact that the defendant did not have a criminal record in addition to a fine imposed on one occasion was considered as a favorable factor.