(영문) 대구지방법원 2014.10.16 2014고단3570

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자간(%)

(영문) 대구지방법원 2014.10.16 2014고단3570

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

except that 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 5, 2014, around 00:30 on June 5, 2014, the Defendant was at the front of the Daegu Dong-gu, as a matter of taxi engineer and fee in C, and was in dispute with him, the Defendant was subject to confirmation of the instant case from E during the circumstances belonging to the Dabu Police Station of Daegu Dong-dong Police Station, which was called upon 112 report, and the Defendant was on the patrol box, and was on the patrol box.

At this time, while getting on and moving the patrol vehicle, the Defendant expressed the above E, “I am in the mind of the pine police” to the above E, who was on the side of the patrol vehicle, and committed assault, such as taking the above E’s timber in hand by hand.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the maintenance of public peace and order.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of F's written statements to statutes;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act in the suspended sentence is that the defendant has been subject to punishment several times as a crime of violence, and even in 2010, he/she has been subject to punishment as a crime of obstruction of the performance of official duties, and the liability for the crime of this case is not easy. However, although the defendant has been subject to punishment as a crime of obstruction of the performance of official duties, the fact that the defendant's mistake is divided and reflected, the police officer E sought the defendant's preference, the defendant has no criminal record above the suspended sentence, the defendant has no criminal record above the suspended sentence, and all the other conditions for sentencing

참조조문

-형법 제62조 제1항

-형법 제136조 제1항

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