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(영문) 대구지방법원 서부지원 2017.04.13 2017고단64

공무집행방해등

Text

A defendant shall be punished by imprisonment for not more than ten 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

On December 17, 2016, 19:09, the Defendant: (a) was parked on the road front of the C church located in Daegu-gun, Daegu-gun; (b) on the road, the Defendant: (c) reported by D-12, the owner of the foregoing vehicle; and (d) dispatched to the Daegu-gu Police Station E box, the police officer assigned to the police station E box of the Daegu-gu Police Station, in receipt of a report by D-12, on the ground that the Defendant parked a motor vehicle on the road; and (c) without any particular reason, “Y Y Y Y Y

“Along with the desire of “F”, the head of the said F was taken several times in drinking, and the BF’s bridge was taken several times, resulting in the injury, such as the impairment of the head of the two sides, which requires three weeks’ medical treatment.

As a result, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases, and at the same time injured the victim.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Statement made by the police with regard to D or F;

1. A medical certificate;

1. Application of the Acts and subordinate statutes governing the handling of reported cases of each photograph, each internal report, each place of work, and 112;

1. Article 136 (1) and Article 257 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Sentencing criteria;

(a) interference with the performance of official duties [the scope of recommended punishment] and interference with the performance of official duties, the basic area (6 months to 1 year and 4 months) of the basic area (the interference with the performance of official duties and coercion of duties) (the person with special sentencing)

(b)in the case of an injury [the scope of recommendations] general injury, where the basic area (from April to June), (special mitigation (special mitigation)] penalty is not imposed (including serious efforts to recover damage), or considerable partial damage is restored / In the case of interference with the performance of official duties.

(c) Reference to the lowest sentence (6 months) of the recommendation to obstruct the performance of official duties with a higher minimum limit, since it is a commercial concurrent crime;

2. The fact that a sentence is contingent crime, the victim does not want the punishment of the defendant, the defendant has depthed, and the defendant is repented.