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(영문) 대구지방법원 포항지원 2016.11.03 2016고단1118

공무집행방해

Text

A defendant shall be punished by imprisonment for not less than eight 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

On July 21, 2016, the Defendant: (a) stated that the Defendant 112 reported 112 that the Defendant was frighting on the front of the task located in the north-gu B at an port of port; (b) expressed the E Assistant, a police officer belonging to the Posing Police Station D of the Posing Police Station D, called “fins, fins, fins” as “fins, fins, fins”; (c) stated that the Defendant fins the left side of the police officer on one occasion by hand, and continuously fins the police officer’s private fins, with his hand, fins the police officer’s fins at one time; and (d) fins the police officer’s fins fins with another hand.

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

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to E and F;

1. Relevant Articles 136(1) and 136(1) of the Criminal Act concerning criminal facts, the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. The reason for the sentencing of Article 62-2 of the Criminal Act on Probation and Social Service Order [Scope of Recommendation] Where the mitigation area (one month or month of imprisonment with labor or eight months of imprisonment with labor) [Special Mitigation] and the degree of assault, intimidation, and deceptive scheme is minor, unfavorable circumstances: The degree of assault itself does not seem to be particularly significant. The defendant's perception of the crime is against the police officer who has been subject to obstruction of the performance of his/her duties, and the police officer sought a defendant's wife by seeking a letter to the police officer who has been subject to obstruction of the performance of his/her duties for five years before and after the suspension of the performance of his/her duties, other than each of the above circumstances, considering various sentencing factors and the scope of recommendations indicated in the records, such as Defendant's age, character, environment, conditions before and after the crime, etc.