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Reasons
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(영문) 대구지방법원 경주지원 2016.01.14 2015고단798
공무집행방해
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A defendant shall be punished by imprisonment for one year.

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

On August 29, 2015, the Defendant, at around 23:30, on the ground that there is a complaint in the process of dealing with the traffic accident in front of the 1112 situation room of the Police Station, the Defendant, at around 63, the center of the racing Police Station, and, at around 29:30, the Defendant does not include “Chewing strings, hrings, anywhere, hrings, and strings.”

“In doing so, assaulted B’s face and part of B with the hand floor once every time, with the face of B, and with the face of B once.

Accordingly, the defendant interfered with the legitimate execution of duties on the watchkeeping of the police officer.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. A written statement of C and D;

1. A criminal investigation report (in relation to the submission of a victim police officer's identification card and a situation room) and a criminal investigation report (in relation to the submission of video data toCCTV);

1. One copy of a public official certificate, and one copy of a work log;

1. Application of 20 Acts and subordinate statutes to one CD and CCTV-cape photographs;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspension of execution [the scope of recommendation] The grounds for sentencing under Article 62(1) of the Criminal Act (amended by Act No. 1488, Dec. 1, 2007] The basic area (from June to January 1, 200) (amended by Act No. 1448, Jun. 1, 2006) (amended by Act No. 1

However, there is no record of being punished for interference with the performance of official duties before the extent of the assault used by the defendant is not severe.

In addition, in consideration of the defendant's age, sex, environment, motive, means and consequence of the crime of this case, and all of the sentencing conditions recorded in the records of this case, such as the circumstances after the crime, the punishment as ordered shall be determined.

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