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(영문) 대구지방법원 2017.04.20 2017고단375
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than two months.

Reasons

Punishment of the crime

On December 26, 2016, the Defendant: (a) was under the influence of alcohol in the stairs of a fire department of the middle-gu, Daegu District; (b) on December 26, 2016, the Defendant requested that the police officer, such as the police officer B, etc. who belongs to the police station of the Daegu, who was dispatched to the site after receiving a 112 report, move to the site despite being requested to return home from the police officer who was dispatched to the site; and (c) was set to the D district located in Daegu-gu, Daegu-gu, to protect the road and to take invalid measures.

At around 19:19 on the same day, the Defendant assaulted the victim, such as the Defendant’s cell phone, who was in possession of the said police officer B, etc., “Is this Chewing flachi,” and intending to affix the face of the said police officer, with the Defendant’s cell phone flachi, who was in possession of the said police officer’s desire to read “Isk flachi,” and the Defendant, by hand, tried to cut off the electronic shock machine possessed by the said police officer three times.

Accordingly, the Defendant interfered with police officers' legitimate performance of official duties on the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of the Acts and subordinate statutes to arrest and report the occurrence of the case, to leave the place of service in the D District, and to report an investigation (a statement by a damaged police officer

1. The grounds for the sentencing of Article 136(1) of the Criminal Act and Article 136(1) of the Criminal Act regarding criminal facts [the scope of recommending punishment] [the scope of recommending punishment] where the degree of violence, intimidation, deceptive scheme, or obstruction of public duties is minor (a person with a special mitigation) in the mitigated area (i.e., January to August), [a person with a special mitigation] [a decision] where the degree of violence, intimidation, deceptive scheme, or obstruction of public duties is minor (a decision of sentence] the following circumstances and the defendant’s age, sex, family relation, family environment, motive and means of the crime, and circumstances after the crime, all of the various sentencing conditions specified in the records and arguments of this case shall be determined as the disposition.

The crime of this case was committed in a disadvantageous manner. The police officer was in possession of the face of the police officer who performed public duties.

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