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(영문) 대구지방법원 포항지원 2015.10.22 2015고단161

공무집행방해

Text

A defendant shall be punished by imprisonment for six 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

At around 17:05 on January 27, 2015, the Defendant tried to take a bath and assault F while operating the E-tax on the road before the coastwise Police Station D police box located in Nam-gu, Nam-gu, Seoul, and doing so.

At that time, the Defendant, who was a police officer who was working in the D Zone, confirmed the taxi parked in the D Zone, sent the taxi to the site through CCTV, and intending to take a bath to F and assault him, committed assault against G, such as “this Chewing franchisium”, and the Defendant: (a) franchising G with both arms and franchising the franchisium part; and (b) franchising the franchisium part.

Accordingly, the defendant interfered with legitimate execution of duties by police officers in relation to the prevention of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Application of F’s written Acts and subordinate statutes;

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. Reasons for the sentencing of Article 62-2 of the Criminal Act on Probation and Social Service Order [Scope of Recommendation] There is no basic area (limited to six months of imprisonment or one year and four months of imprisonment) for the obstruction of performance of official duties (limited to a special person who has been sentenced to a suspended sentence] [decision of a sentence] unfavorable circumstances: The defendant has the same kind of crime and there is no record of being sentenced to a suspended sentence due to the same crime, and other favorable circumstances that are favorable to the fact that there are many records of being punished due to violent crimes: The degree of obstruction of official duties such as assault, etc. is not particularly heavy; there is no criminal record of a sentence; and there