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(영문) 대구지방법원 2016.04.27 2016고단1089

공무집행방해

Text

A defendant shall be punished by imprisonment with prison labor for four months.

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

Reasons

Punishment of the crime

On March 14, 2016, the Defendant got an inquiry about the details of the report from the slope E, etc. belonging to the Gyeongsan Police Station D District, which was dispatched to the site after receiving a report from 112 by the Defendant who was assaulted on the road in front of a certified intermediary in Busan Metropolitan City B on March 14, 2016.

On the other hand, the defendant continued to use the part of the left side of the patrol car No. 1, 3 times, and assaulted the E's uniforms by hand.

As above, Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of the Acts and subordinate statutes to patrols, photographs, mobile phone photographing images;

1. Relevant provisions of the Criminal Act, Article 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of the recommended sentence] interference with the performance of official duties, and there is no basic area (from June to January 4) [the person subject to special sentencing] [the decision of sentencing], and the fact that there is no past record of punishment for the same kind of crime, etc., considering the defendant's favorable circumstances, the defendant's age, sexual behavior, environment, motive, means and result of the crime, etc., and the sentence identical to the order shall be imposed by taking into account the following two factors: the defendant's age, sexual behavior, environment, motive, means and consequence of the crime, etc.