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(영문) 대구지방법원 2016.09.30 2016고단3674

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 July 24, 2016, the Defendant: (a) received an inquiry from the circumstances in which the police forces were affiliated with the police stations of Daegu Jung-gu, Seoul-gu, Seoul-gu, 102 Dong 2, 3103; and (b) received an inquiry from the circumstances in which the police forces were affiliated with the police stations of Daegu-gu, Seoul-gu, Seoul-gu, 112 reported domestic violence; and (c) expressed that “I would like to be the .......... f. f. f. h., the police kis,” and assaulted the chest of the above E by hand on several occasions.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the handling of reported cases and criminal investigations by police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police suspect interrogation protocol against the accused;

1. Statement in the police statement protocol against E;

1. Application of each of the Acts and subordinate statutes in which statements, work logs, and copies of identification cards are entered;

1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act concerning the selection of punishment;

1. The reason for sentencing under Article 62(1) of the Criminal Act ( Taking into account the favorable sentencing conditions among the reasons for sentencing) of the suspended sentence (the following sentencing), [the scope of applicable sentences under the law] imprisonment for one month to five years [the determination of types] interference with the performance of official duties], the basic area [the scope of recommended sentences] [the scope of recommended sentences] six months to one year and four months] [the suspension of execution] - the reasons for suspended sentence for not less than two negative circumstances: The criminal records of suspended sentence - the general reasons for special consideration clearly related to the positive social relation - the defendant has been subject to criminal punishment for several times, and the police officer dispatched after receiving a report on domestic violence has attempted to interfere with the investigation activities by committing assaulting the police officer, which is more severe than the defendant shall be sentenced to a fine.

However, the degree of assault committed by the defendant seems not to be serious, etc., the conditions of sentencing favorable to the defendant, as well as all other conditions of sentencing, including the defendant's age, sex, and circumstances after the crime, shall be determined in accordance with the order.