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(영문) 대구지방법원 2018.01.18 2017고단6257

공무집행방해등

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 becomes final and conclusive.

Reasons

Punishment of the crime

1. Around November 3, 2017: (a) around 07:15, the Defendant insultd the victim by stating that “A police officer C belonging to the Gandong Police Station B district unit, who was dispatched to the site upon receipt of a report that the assault case occurred on the front of the taxi platform in the front of the 70-ri-ri-ri-ri-ri-ri, Yandong-gu, Magdong-gu, Magdong-gun, Gandong-gu, U.S., Maldong-gu, and asked the Defendant about the details of the report; and (b) the Defendant’s compliance with D and other players.”

2. On November 3, 2017, the Defendant interfered with the performance of official duties at the above place, “I am son, I am son, and I am son, I am son, at the lower seat of the patrol police station B, which was going to the front seat of the police station B, while I am going to the front seat of the patrol police station B. On November 3, 2017, I am to walk with the front seat of the police officer C, and around 07:30 on November 3, 2017, at the B district unit located in the Gandong-gun, the Defendant used the said B am son’s chest part to get off from the back of the patrol while I am going to the front seat of the patrol.”

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on crime control.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to C and D;

1. A place where he works as a B district unit;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 311 of the Criminal Act (a point of insult) and Article 136 (1) of the Criminal Act concerning the facts constituting an offense (a point of obstructing the performance of official duties);

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The reason for sentencing under Article 62(1) of the Criminal Act under Article 62(1) of the suspended sentence is that the Defendant’s act of openly insulting and insulting the police officer who performed his/her legitimate duties, and hindering the exercise of justifiable public authority that should be strictly executed by assaulting the police officer.

However, the degree of interference with official duties is relatively minor, and after being investigated by an investigative agency, his/her mistake is late.