beta
(영문) 대구지방법원 2016.11.04 2016고단4159

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 August 31, 2016, around 08:25, the Defendant committed assault, such as not returning home on several occasions from the slope E affiliated with the Dong Police Station D District Unit, which called “Neging Dofe Dofe Dofe Dofe Dofe Dofe. Dofe Dofe Dofe Dofe. Dofe Dofe Dofe Dofe Dofe Dofe Dofe Dofe Dofe.”

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reports.

Summary of Evidence

1. Defendant's legal statement;

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 in relation to investigation reports (Attachment of work place), investigation reports, and statements of witnesses at the site;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions for sentencing favorable to the reasons for sentencing) [the scope of punishment under law] one to five years of imprisonment [the decision of imprisonment], and one-half years of obstruction of performance of official duties] [the scope of punishment] basic area [the decision of the recommended area] [the scope of the recommendation area] six to one year [the suspension of execution] - there is no positive or higher criminal conviction (the decision of sentence] there is no positive or higher criminal conviction (the decision of sentence] because the defendant committed the crime of this case even though he was sentenced to several criminal punishments, a more severe punishment than the fine is imposed on the defendant.

However, considering the conditions of sentencing favorable to the defendant, such as the fact that the degree of assault committed by the defendant is not serious, that the defendant agreed with the police officer, and that there is no penalty imposed by the defendant more severe than a fine, the punishment shall be determined as ordered in consideration of all the conditions of sentencing favorable to the defendant, and all the conditions of sentencing, including the age, character