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(영문) 대구지방법원 2017.03.17 2016고단6329

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 became final and conclusive.

Reasons

Punishment of the crime

On October 17, 2016, the Defendant sought to assault a drinking wall at D cafeteria located in Daegu Suwon-gu, Daegu, about 02:10 on October 17, 2016, and “A customer wanting to drink and drive a drinking house,” upon receiving a report 112, the Defendant threatened the said F with the face of the said F.

On the other hand, the defendant continued to see F, the above F, who tried to see the smelling of the Kimchit on the table, and prevented him from fighting, five times in his hand, and assaulted F, who tried to keep him from fighting.

Accordingly, the Defendant interfered with the legitimate performance of duties concerning the handling of reported cases and the maintenance of order by police officers.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The fact that the reason for sentencing under Article 62(1) of the Criminal Act in the suspended sentence appears to have assaulted a police officer without any special reason should be considered in light of the unfavorable circumstances. However, considering favorable circumstances, such as the fact that only a minor criminal record exists in the defendant, the fact that the defendant is against his/her gender, etc., the punishment shall be determined as ordered by taking into account the circumstances prescribed in Article 51 of the Criminal Act, such as the age and sexual conduct