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(영문) 대구지방법원 2015.06.25 2015고단1646

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On April 7, 2015, the Defendant issued a notification to the violation of the Punishment of Minor Offenses Act (Minst Address) from the slope belonging to the Suwon Police Station D District Zone E, which was suspected of committing an act of disturbance of drinking in a restaurant, at the D District Zone D located in Daegu Suwon-gu C on April 7, 2015.

At this time, the defendant laid a mobile phone boomed by his hand on the ground that he is bad, and was suitable for the head of the above slope E.

Accordingly, the defendant assaulted police officers to interfere with police officers' legitimate performance of official duties on the handling of reported duties.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. On-site reports, investigation reports (CCTV photographs and images attached);

1. Application of Acts and subordinate statutes on the D Zone and night working place;

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

1. Reasons for the sentencing of Article 62(1) of the Criminal Code of the Suspension of Execution [Scope of Recommendation] There is no basic area (6 to 1 year and 4 months) of the obstruction of performance of official duties (limited to the scope of Recommendation] (limited to June to 1 year), i.e., the basic area of the obstruction of performance of official duties (limited to a special person) (limited to a sentence] [decision of sentence] Defendant has been issued a notification as a violation of the Punishment of Minor Offenses Act due to a suspicion of disturbance of drinking disturbance, but it is unfavorable that Defendant

However, the sentencing conditions, such as the defendant's age, character and conduct, intelligence and environment, motive, means and consequence of the crime in this case, shall be determined as ordered in consideration of the fact that the defendant committed the crime in this case, the degree of assault and obstruction of official duties is not serious, the defendant has no criminal records exceeding the fine, the defendant has no criminal records, and the punishment shall be determined as ordered in consideration of all the sentencing conditions, such as