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(영문) 대구지방법원 2016.09.07 2016고단3333

공무집행방해

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 18, 2016, the Defendant: (a) received a report from the Daegu Suwon Police Station C District District of the Daegu Suwon Police Station located in the Daegu Suwon-gu B; and (b) served as a police officer affiliated with D who was dispatched to verify that the Defendant did not get a taxi under the influence of alcohol; (c) received a recommendation from the police officer affiliated with the said district; (d) “The Defendant paid the fare for having a taxi officer go to the destination, and returned home.” The Defendant provided a bath to D; (d) received the eropia, and used the eropia with D’s chest.

Accordingly, the defendant interfered with the maintenance of police officers' order and the handling of civil petitions.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The application of Acts and subordinate statutes to investigate and report the case under consideration of the obstruction of performance of official duties, place of work, investigation report (to hear statements of reference witnesses-teled

1. Relevant Articles 136(1) and 136(1) of the Criminal Act concerning criminal facts, the choice of imprisonment;

1. Reasons for the sentencing of Article 62(1) of the Criminal Code of the Suspension of Execution [Scope of Recommendation] There is no basic area (6 months to one year and four months) of the obstruction of performance of official duties (6 months to one year and four months), and there is no person [special person] [Pronouncement Decision] Cases of assaulting police officers who have received uniform, and the nature of the crime is not good.

However, considering the fact that the defendant's mistake is divided, the fact that there is no record of punishment for obstruction of performance of official duties, and there is no record of punishment heavier than the fine, etc., the defendant's age, character and conduct, environment, motive, means and consequence of the crime and the circumstances after the crime, etc., the sentence like the order is imposed by considering the sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, character