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(영문) 대구지방법원 2016.08.09 2016고단2505

공무집행방해

Text

1. The defendant shall be punished by imprisonment for six months;

2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 6, 2016, 01:40 around 01:40, the Defendant: (a) placed in the front of the “C” in the Daegu Northern-gu B; (b) placed in the 112 patrol group on the 112 patrol group for public security activities, such as the prevention of traffic accidents; and (c) placed in the D police station of the Daegu Northern-gu Seoul Northern-gu Police Station, where the Defendant was carrying on duty on the 112 patrol group, and (d) placed in the E, who was not related to a crime; (c) was not in an emergency; and (d) was at the patrol group in the present region; and (d) was given guidance to the E, who was dissatisfied with the notification, and (e) was unable to remove the police officer.

Then, the police officer’s legitimate performance of duties in the patrol was obstructed by the police officer in the course of the patrol, including: (a) the police officer’s faces, (b) the Defendant’s face, (c) the police officer’s body over two occasions, (d) the police officer’s face, (d) the police officer’s body over two occasions, and (e) assault E.g., the police officer.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol made by the police against E;

1. Application of Acts and subordinate statutes to work for the D District Armed Forces and to report internal death;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] shall interfere with the performance of public duties, and the basic area (from June to one year and four months) (the person who is subject to special sentencing] of the basic area;

2. Consideration - A favorable circumstances: A person who has no criminal record of reflectivity, suspension of execution or more; a person who has been sentenced to a fine due to the same kind of crime and has been sentenced to a total fine and four times before and after the total fine; consideration of all other factors of sentencing specified in the records of this case, including the defendant's age, sex, health conditions, home environment, motive, means, consequences, and circumstances after