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(영문) 대구지방법원 김천지원 2016.11.09 2016고단1158

공무집행방해

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

At around 01:20 on August 7, 2016, the Defendant: (a) 01:20 on the road in front of the C convenience point in Kimcheon-si, Kimcheon-si, without any justifiable reason, took a bath to the above G, stating that he was subject to a removal from the G of the Kimcheon-gu Police Station, who was called upon receiving a report; and (b) assaulted him at one time his chest, who was dispatched to the said G upon receiving a request for the said G’s support, to see that he was able to take a drinking, and who was dispatched from H to the same position in receipt of the said G; (c) she took a bath to the said H, stating that he was able to take a drinking, and assault him at one time.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on crime prevention and investigation.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of H and G;

1. Each written statement of D and E;

1. Application of Acts and subordinate statutes for reporting internal accidents;

1. Article 136 (1) of the Criminal Act applicable to the crime;

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

1. Selection of imprisonment with prison labor chosen;

1. The reason for the sentencing of Article 62(1) of the Criminal Act on the suspended sentence [Scope of Recommendation] Where the degree of violence, intimidation, and deception is minor (special mitigation) in the area of mitigation (one to eight months), the area of mitigation (special mitigation) (one to one month) of the obstruction of performance of official duties, the act of assaulting a police officer in uniform needs to be punished strictly.

However, the punishment as ordered shall be determined by comprehensively taking into account the favorable circumstances such as the defendant's recognition of the crime of this case and reflects the mistake, the absence of the same criminal records, the degree of violence is relatively minor, the favorable conditions such as the fact that it is contingent crimes, and all other factors of sentencing, such as the age, character, conduct, environment and circumstances after the crime.