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(영문) 대구지방법원 2016.01.21 2015고단5727

공무집행방해

Text

1. The defendant shall be punished by imprisonment for six months;

2. Provided, That 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

On October 21, 2015, at around 02:10 on October 21, 2015, the Defendant: (a) committed an assault against the Defendant that the slopeD belonging to the Daegu Southern-gu Police Station C District Group, which was called upon a report of 112 that he was slick with a person living together; (b) prevented the Defendant from raising his head, and thereby interfered with the police officer’s legitimate execution of duties concerning the handling of the report of 112 mobilization.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to a copy of work place;

1. Article 136 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of the recommended sentence] There is no person [the person subject to special sentencing] in the basic area (six months to one year and four months) [the person subject to special sentencing] [the decision subject to sentencing] [the police officers dispatched after receiving the report 112 who interfered with the performance of their official duties, such as obstructing the police officers from participating in a fighting and assaulting the backhead of the above police officer at one time, etc., after the police officer called for a fighting, they expressed a serious desire to the police officer: Provided, That the degree of violence is not excessive; the defendant is unfolded and against his mistake; the defendant is the first offender (the defendant has a power of being subject to the suspension of indictment for the same kind of crime); the motive, background, means and method of the crime in this case; the circumstances before and after the crime; and other circumstances such as the defendant's age, experience, and various circumstances such as the order, etc.