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(영문) 대구지방법원 포항지원 2017.01.12 2016고단1554

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 27, 2016, the Defendant ordered a restaurant located on the coast of North Korea at the port of port at around 02:00 on November 27, 2016 and received a request for the payment of alcoholic beverage value, but did not pay it.

In other words, upon receiving one 112 report from a restaurant employee, a request was made by the police officer D to pay the drinking value to the police officer belonging to the Pohang Port C police station of the Northern Port of Korea.

The Defendant refused to do so, expressed a bath in the restaurant, and avoided the disturbance from D, and obstructed the police officer's legitimate execution of duties on the handling of the reported case 112, taking the 112 face into consideration by scam scam and drinking scam.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to E and D;

1. The third district office;

1. Requests for cooperation in investigation (the table of 112 Report Processing) for the application of statutes;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommendations] The basic area of sentencing [the grounds for sentencing] under Article 62-2 of the Act on the Protection and Surveillance of Social Service [the scope of punishment] does not exist [the person who has been sentenced to special sentencing] [the person who has been sentenced] [the same kind of criminal records and has violent criminal records], the degree of interference with the performance of official duties is not easy: The circumstances that reflects the wrong recognition of the crime, the fact that there is no record of punishment exceeding the fine, the fact that there is no record of punishment exceeding the fine, the fact that there is no opportunity for self-esteem through the life of nearby detention near the nearest month, other than each of the above circumstances, the various factors of sentencing and the scope of recommended sentences recorded in the records such as Defendant age, sexual behavior, environment, and circumstances before and after the crime are considered.