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(영문) 대구지방법원 2016.05.10 2016고단691

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 December 20, 2015, at around 07:00, the Defendant: (a) assaulted the police officer’s legitimate execution of duties concerning a police officer’s 112 dispatch report process, on the ground that he did not reflect his own letters in the process of confirming the content of the report by the police officer F of the police station of the Daegu Dong-gu Police Station E District; (b) on the ground that he was dispatched to the site in order to process the report at the expense of 112, which was received at the expense of 07:0, Daegu Dong-gu, Daegu-gu, Daegu-gu; (c) the Defendant interfered with the police officer’s lawful execution of duties concerning a police officer’s 112 dispatch report process by assaulting him.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of statutes on work records and photographs;

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 - Consideration - Consideration - Consideration - F’s degree of reflect, F’s degree of punishment not to be imposed, G’s period of light, three years of light, and no other unfavorable circumstances: The criminal records are eight times of criminal punishment, including the criminal records of suspended sentence resulting from a crime of this type - Other various sentencing conditions specified in the records of this case, such as the Defendant’s age, sex, health conditions, home environment, motive, means, consequence, and circumstances after a crime.