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(영문) 대구지방법원 2017.08.10 2017고단2850
공무집행방해
Text

A defendant shall be punished by imprisonment for six 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 May 1, 2017, from around 00:0 to around 00:20, the Defendant came to fall in front of Daegu Dong-gu B lending 101, Daegu Dong-gu, Daegu-gu, 201, and was drunk, and was breadd from around 00:0, the Defendant came to have a door with the Defendant’s house, and a door was cut off.

In order to ask a police officer of the Daegu East Police Station C District of the police station who was called upon the report, the Defendant was unable to make a disturbance without disclosing his personal information, and the Defendant’s failure to issue a Stick in the state’s revocation column to indicate his personal information.

was made.

On May 1, 2017, at around 00:50, the Defendant boarded the patrol car on the front of the C District E located in Daegu Dong-gu, Daegu, and without any reason, the Defendant expressed D’s desire to “I amphers, bitch, bitch bitch,” and carried D’s chest into two hands and pushed D’s shoulder with D’s face.

The written indictment states that the defendant's face is taken one time by drinking, but according to the written indictment of the police statement about D, etc., according to the above written indictment, the defendant seems to have displayed D's face to the face as above, and even if this part of the written indictment is recognized differently without any change in the separate indictment, it cannot be deemed that the defendant's exercise of his/her right to defense is substantially hindered. Thus, this part of the criminal facts are corrected and recognized ex officio as above.

Accordingly, the defendant interfered with the legitimate execution of police officers' duties on the suppression and investigation of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The sentencing criteria shall be;

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