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(영문) 대구지방법원 2016.03.25 2015고단6347
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, 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 November 25, 2015, at around 03:57, the Defendant recommended D to return home while leaving the scene after receiving a report from 112 that he was frighting a taxi without paying taxi expenses, the circumstances belonging to the Daegu Suwon-gu Police Station C District District of the Police Station who called to the site after receiving a 112 report that he was frighting a taxi driver, and the Defendant frighting the Defendant while taking a bath for the taxi engineer.

During the bitch bitch bit, “A bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bl, flick bitch fl, and flick D’s face

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in relation to the prevention, suppression and investigation of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the Acts and subordinate statutes to arrest and report the occurrence of the case, report on investigation, copy of the work site of the C earth, and investigation report (the corresponding currency of the taxi market price);

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] There is no basic area (six months to one year and four months) (special sentencing sentencing person] of the first type (Interference with the performance of official duties and coercion of duties) [decision of sentence] [Judgment of sentence] Defendant was sentenced to two years of imprisonment for a violation of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, Etc. at the Daegu District Court on February 6, 2014 and the judgment became final and conclusive on February 14, 2014. The instant crime was committed during the suspension period.

In addition, the past has been punished for violent crimes.

This case is an assault against a police officer in uniform, and the nature of the offense is not easy.

However, the defendant's mistake was divided, and the defendant's mother died before 20 days of the crime of this case and had an excessive mind.

Considering that there is room for seeing points, etc. in favor of the defendant, the age, sex, environment of the defendant, and others.

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