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(영문) 대구지방법원 2016.12.14 2016고단4963

공무집행방해

Text

A defendant shall be punished by imprisonment with prison labor for four 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 August 24, 2016, at around 23:54, around 23:54, the Defendant used the Defendant’s house, at around 502, to assaulted D, her wife, and went out of the clothes of the Defendant, and was in the vicinity of the mastum reservoir located in the same location as that of the Defendant’s house, and was dispatched after receiving a report, and solicited the Defendant to return home to the Defendant, the Defendant, a police officer belonging to the Gyeongbuk Police Station Emba, who was called for, and the police officer belonging to the Gyeongbuk Police Station Emba, the Defendant recommended him to return home to the Defendant, and the Defendant “I must do not want to go back to the Defendant. I do not want to go back. I will do it.” The Defendant dried F’s arms, and dried it with G’s arms.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in criminal investigations.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, F, and G;

1. Application of Acts and subordinate statutes to report internal investigation (the current state of the suspect at the time of arrival of the 112 declaration site), investigation report (the statement of the shot person);

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

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 sentencing under Article 62(1) of the Criminal Act in the suspension of execution is that the defendant is divided by mistake, only one time of punishment for violent crime, and there is no past record of punishment heavier than the fine, and the extent of violence is not heavier than that of the fine, etc., considering the favorable circumstances for the defendant, and considering the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., the sentence identical to the order shall be imposed in consideration of the sentencing conditions under Article 51 of the Criminal Act.