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(영문) 대구지방법원 2016.12.14 2016고단5531

공무집행방해

Text

A defendant shall be punished by imprisonment with prison labor for four months.

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

Reasons

Punishment of the crime

On November 6, 2016, at around 23:20, the Defendant reported that there was a person who would be a disturbance in the “C” restaurant located in Yongcheon-si B, and asked the circumstances of the case by the police officer belonging to the police station of the Gyeongcheon-gu Police Station that called “I am, I am, I am, I am, I am, and I am at one time.”

Accordingly, the defendant interfered with the legitimate execution of duties by police officers related to criminal investigation.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. The arrest report of the occurrence of the case, the detailed statement of processing the 112 reported case, investigation report (the counter investigation of the owner of the C cafeteria business), the application of the statutes governing the place of service;

1. Relevant Articles 136(1) and 136(1) of the Criminal Act concerning criminal facts, the choice of imprisonment;

1. The reason for sentencing under Article 62(1) of the Criminal Act on the suspension of execution [Scope of Recommendation] The main reason for sentencing is that the scope of mitigation area (one to eight months), mitigation area (one to eight months), assault, intimidation, and deceptive scheme is minor. [Determination of sentence] The defendant is divided by mistake; the defendant was punished twice for violent crimes; the punishment was not imposed as violent crimes for the last ten years; the degree of assault is relatively minor.