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(영문) 대구지방법원 2014.11.07 2014고단4630

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 31, 2014, at around 19:45, the Defendant: (a) reported on the street room in front of D, etc. D, Daegu Suwon-gu, which was sent to the site by the Defendant, and (b) stated that the slope F belonging to the E District Unit of the Suwon Police Station sent out to the site was to have the Defendant returned home, and, (c) stated that “the Defendant would be Chewing, drinking, drinking, or drinking,” and assaulted the F’s left side side part by drinking left hand.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the handling of reports.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol of statement to F;

1. Article 136 (1) of the Criminal Act and the choice of imprisonment with prison labor concerning the crime;

1. The reason for the sentencing of Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] Where the degree of violence, intimidation, and deceptive scheme is minor (a person who has been specially mitigated) in the area of mitigation (one to eight months) of the obstruction of performance of official duties (a person who has been subject to the suspension of performance of official duties), the punishment is determined as ordered in consideration of all the circumstances that are conditions for sentencing, such as the defendant's age, character and conduct, environment, motive or circumstance of the crime, means and consequence of the crime, and circumstances after the crime.