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(영문) 대구지방법원 경주지원 2016.03.31 2015고단920

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around 03:00 on August 11, 2015, the Defendant assaulted the Defendant, who received 112 report while drinking alcohol before the Defendant’s house 203 building C, and was dispatched after receiving 112 report while taking care of it from the Defendant’s house 203.

As a result, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Each police statement made to F and E;

1. Application of Acts and subordinate statutes to a report on internal investigation and a report on investigation (as to the suspect's speech and behavior after being taken into custody);

1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act concerning the selection of punishment;

1. The sentencing of Article 62(1) of the Criminal Code Article 62(1) of the suspended sentence is divided by the accused, and there is no record of committing any crime.

However, the defendant, who entered the Republic of Korea, respect the legal order of the Republic of Korea and caused damage to neighbors, but under the influence of alcohol, avoided disturbance with a large voice in the new wall time, and assaulted the police officer dispatched after receiving a report on his mother and child, thereby hindering the legitimate performance of official duties.

Comprehensively taking account of the aforementioned various circumstances, the sentence of imprisonment with prison labor shall be imposed on the defendant, and the sentence shall be determined as per Disposition, considering that it is reasonable to postpone the execution of the sentence.