beta
(영문) 대구지방법원 2015.12.04 2015고단4346

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

On September 10, 2015, the Defendant: (a) around 01:45, on the road of the “Ccafeteria” located in the Daegu Northern-gu B, Daegu Northern-gu, the Defendant: (b) stated that, on the ground that the slope E belonging to the D Zone D District of the Daegu Northern-gu Police Station, which was called after being reported 112, solicits him/her to return home, he/she would be able to d. h. h. h. h. h. h. h. h. h. h. h. h; and that, on the ground that the said E slope was fested by the Defendant, on the ground that he/she was asked whether the Defendant was the Defendant or not the Defendant, and that he/she used the said E slope once again by the wing of the instant slope, and that he/she was harming him/her with his/her urban bridge.

Accordingly, it interfered with the legitimate execution of duties in relation to the prevention, suppression and investigation of the defendant's crime.

Summary of Evidence

1. Statement of the police suspect interrogation protocol against the accused;

1. Statement of the police statement regarding E;

1. Application of the Acts and subordinate statutes written in the investigation report (as to the attachment of a copy of the work site);

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

1. Reasons for the sentencing of Article 62(1) of the Criminal Act (the conditions for sentencing favorable to the reasons for sentencing) of the suspended sentence [the scope of punishment under law] one month or five years of imprisonment [the decision of the suspended sentence], the obstruction of performance of official duties, and five years of imprisonment (the decision of the suspended sentence] [the scope of the recommended sentence] basic area [the scope of the suspended sentence] six months or one year or four months [the suspension of execution]] - there is no effort to recover negative damage: [the decision of the sentenced sentence] Defendant interfered with the execution of official duties by assaulting the police officer dispatched to protect the defendant who was under the influence of alcohol due to special reasons, who was arrested as a flagrant offender and detained in the detention room. In light of the fact that there are several times of criminal punishment, it is necessary to sentence more severe punishment than the fine to the defendant.

Provided, That the degree of violence committed by the defendant is not severe.