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(영문) 대구지방법원 2017.10.18 2017고단4384

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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 16, 2017, around 23:00, the Defendant 112 reported that he did not pay a taxi on the 3rd apartment of Taecheon-gu, Taecheon-gu, Daegu, 101-do, the third apartment of 104, the 104 front of the 104-dong at the 104 front of the 104-dong-gu, the Defendant saw that he did not use a taxi, and tried to take a bath while hearing the horses “Sweet and return home” from the Gangnam Police Station B of the Gangnam-gu Police Station B of the Gangnam-gu, the Gyeong-gu, the Gyeong-gu, B, and the Gyeong-gu, the Gyeong-gu, “C Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha.” and tried to display the metal burner part of the Gyeong-gu, the Ha

As a result, the Defendant interfered with the legitimate execution of duties of police officers in regard to the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to C and D;

1. E statements;

1. Application of Acts and subordinate statutes to the photographic photo of belts;

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act requires strict punishment in regard to the Defendant’s expression of the attitude of disregarding the public authority by assaulting the police officers without any special reason. Since the Defendant committed an assault against the police officer, it is not appropriate to the applicable law, and the Defendant’s use of drinking and a criminal record of the same kind of violence is disadvantageous to him.

However, it shall be considered that there is no criminal record exceeding the fine for the defendant, and the fact that the defendant reflects his gender, etc. in favor of others.

In addition, the sentencing conditions prescribed in Article 51 of the Criminal Act, such as the age, sex, etc. of the accused, shall be determined as per the order.