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(영문) 대구지방법원 2017.02.10 2016고단5890

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 November 6, 2016, around 11:05, the Defendant assaulted the police officer’s title on the street in front of the 57-o, Daegu Northern-gu, 37-ro 10,00, at the 50-ro, a police officer D belonging to the C District Police Station of the Daegu North Korean Police Station, with the intent of the said police officer under the influence of alcohol to arrest him as a current criminal.

Accordingly, the Defendant interfered with the legitimate execution of duties concerning the handling of reported cases, such as arrest of a flagrant offender by the police officer.

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 D are recorded;

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 ( Taking into account the favorable sentencing conditions among the reasons for sentencing) of the suspended sentence (the following sentencing) is [the scope of the applicable sentencing under the law], one month to five years [the scope of the recommended punishment], and the basic area (6 months to one year and four months] (no person who interferes with the performance of official duties) of the first type (the scope of the recommended punishment), [the judgment of sentencing] of the defendant interfered with the arrest of the police officer in the act of committing an offense, and there are several criminal offenses, the defendant is sentenced to a more severe penalty than the fine, taking into account the following factors: Provided, That the degree of the assault committed by the defendant was not serious, and there was no additional damage, such as injury, etc., to the police officer; the defendant did not have been punished as a obstruction of the performance of official duties; and the sentencing conditions that are favorable to the defendant, such as the defendant's age, sex, and circumstances after committing an offense, shall be determined as per the order.