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(영문) 대구지방법원 2016.09.09 2016고단3395

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 June 15, 2016, around 05:30 on June 15, 2016, the Defendant was voluntarily accompanied by D and Si roads in front of the “C main points” located in Daegu Jung-gu, Daegu, with D and Si roads. The Defendant was voluntarily accompanied by the police station I districts in Daegu-gu, Daegu, E, F, and G.

At around 05:35 on the same day, the Defendant spits the face of the J, and assaulted the Defendant once as the backhead of the said J, who tried to arrest the Defendant as a flagrant offender with a suspicion of interference with the performance of official duties, by spiting spits into the face of the J, with the view that “the Defendant shall do so with a lower age than the inside of the bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of C

Accordingly, the defendant interfered with the legitimate execution of duties by police officers related to criminal investigation.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of the Acts and subordinate statutes in which statements made by the police in J 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 ( considered as favorable sentencing conditions among the reasons for sentencing) of the suspended sentence (Article 62(1) of the Act on the Suspension of Execution (Article 62(1) of the Criminal Act) / [the scope of applicable sentences under the law / [the scope of applicable sentences ] one month to five years [the determination of the area of recommended sentences / interference with the performance of official duties ] The basic area / [the scope of recommended sentences ] six months to one year and four months] - there is no effort to recover negative damage - there is no general reason for not less than the suspended sentence - there is no criminal record above the suspended sentence - there is no positive or more positive reason / [the decision of sentenced sentence] committed the crime of this case even if the defendant had received multiple juvenile protective dispositions, and in light of the juvenile protective disposition records or the content of the crime of this case, the defendant's law and the ordinary tendency of public authority are considered to have reached

However, there is no severe injury to police officers such as injury, etc. without the degree of assault inflicted by the defendant.