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(영문) 대구지방법원 2016.08.30 2016고단3199

공무집행방해

Text

A defendant shall be punished by imprisonment for four 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

On June 23, 2016, at the front of the D convenience store located in Daegu Northern-gu C around 01:53 around 01:53, the Defendant: (a) received a report from the employees of the said convenience store on emergency bells (hereinafter “one-month system”) from the employees of the said convenience store, who were frighted with an outside of the convenience store, and sent to the employees of the said convenience store, and received a report on emergency bells (the “one-month system”); (b) the Defendant was subject to the control from the background F in the position of the E District in the Daegu Southern Northern Police Station,

The police officer is also a police officer.

“The Defendant expressed his bath,” and assaulted the F’s face by taking the Defendant’s wall to the F.

Accordingly, the defendant interfered with legitimate execution of duties of police officers on handling criminal reports.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Investigation report (Statement of employees at convenience points);

1. Application of statutes on site photographs;

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 Criminal Act of the suspended sentence [Scope of Recommendation] In the case where the degree of violence, intimidation, and deceptive scheme is minor in the mitigated area (one month to eight months) (i.e., interference with the performance of official duties) [Special mitigated Persons] [decision of sentence] the defendant recognized the crime of this case and committed the crime of this case by contingency, and there is no past record of punishment other than fines, and the degree of violence is relatively minor, considering the favorable circumstances such as the defendant's age, sexual behavior, environment, motive or circumstance of the crime, and circumstances after the crime, etc., the sentence shall be determined as ordered by taking into account all of the sentencing conditions such as the defendant's age, sexual behavior, motive or circumstance, etc.