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(영문) 대구지방법원 2016.04.21 2016고단659

공무집행방해등

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

1. On February 6, 2016, the Defendant: (a) at the C main station located in Daegu Suwon-gu B around 01:50 on February 6, 2016, the Defendant: (b) received a report that there was a visual rain due to the drinking value; and (c) received a request from the police officer E belonging to the Suwon-gu Police Station D District Unit to present identification card to verify his identity in relation to the suspected charge of the use of a electric shock; (d) received a request for an identification card from the police officer E of the Suwon Police Station D District;

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on 112 reporting, handling of duties and criminal investigation.

2. On February 6, 2016, from around 02:30 to around 03:30, the Defendant insultd the victim F, who is a police officer, of the victim, who had the business owner, employee, etc. of the Suwon Police Station D District of the said C branch, by saying, “The victim F, who is the police officer, will be able to do so for a period of time, for a period of time, for a period of time, for a year, for a year, for a year, for a year, and for a period of time, for a period of time, for a period of time, for a period of time, for a period of time,

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officer in G;

1. Each police statement made to F and E;

1. A complaint;

1. Application of statutes governing the place of work;

1. Relevant legal provisions of the Criminal Act, Article 136(1) of the Criminal Act (the point of obstructing the performance of public duties), Article 311 of the Criminal Act, and the choice of imprisonment with prison labor, respectively;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (to the extent that the punishment for the above two crimes is aggregated);

1. The lower limit is set according to the sentencing guidelines for crimes for which the sentencing guidelines are set in accordance with the multiple criminal processing standards that have no basic area (from June to January, 1) (any person who is subject to a special sentencing) (the lower limit is set at the lower limit of the sentencing range on the basis of the sentencing guidelines for crimes for which the sentencing guidelines are set.

[Judgment of the court below] The crime of this case was committed by the defendant while performing official duties by taking a bath and assault against the police officer. However, the crime of this case was committed by the defendant, which reflects his mistake while the defendant led to the confession of the crime of this case, and there was no criminal conviction above the suspension of execution.