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(영문) 대구지방법원 2017.04.20 2017고단387

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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant around 08:00 on December 12, 2016 and around 08:00

B. On the street in front of a singing practice room, “The assault case occurred” was defective in the police officer E who belongs to the police box D, who called to the site after receiving a report 112, attempted to investigate the circumstances of the case against the Defendant by the Defendant by the police officer E who belongs to the police box of the Gyeongsan Police Station D, who was called to the site. The above police officer’s “I amt???? I ??? I ?

"A assault was committed against the body part of the police officer 2 to 3 times as he can display the face of the above police officer by drinking, and on the part of the ship and breast, the body part of the police officer 2 to 3 times.

Accordingly, the defendant interfered with the legitimate execution of official duties concerning the handling of 112 reported cases by police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of police statement protocol to E;

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

1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [Scope of Recommendation] There is no person who has the basic area (from June to June), (i.e., interference with the performance of official duties and coercion of duties) [Judgment of sentencing] [Judgment of sentence] The defendant’s exercise violence against police officers dispatched to the case of assault, takes a bath within the police box, and takes a disturbance within the police box, and the crime is not easy to be committed as a case of disturbance. However, the favorable circumstances such as the fact that the defendant is the first offender and is expected to be repent of the crime, and other favorable circumstances, such as the defendant’s age, family relationship, motive for the crime, and circumstances after the crime, etc., shall be determined as the sentence as per the Disposition, taking into consideration the various factors indicated in the arguments of this case.