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(영문) 대구지방법원 2015.09.15 2015고단3869
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight 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 April 29, 2015, at around 00:07, the Defendant: (a) reported that there was violence on the roads prior to the “Cju store” located in C, 112; (b) arrested the Defendant as a flagrant offender and assaulted the Defendant, such as the circumstances belonging to the D District Unit of C District in C District in C District of C District in C District, and the Defendant, F, who was under the influence of F, about to board the patrol by arresting the Defendant as a flagrant offender, such as taking the head debt of G, a daily f.

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. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statements made to E, F, H and G;

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] There is no person in charge of obstruction of performance of official duties (6 to 1 year and 4 months) [Judgment of sentence] in the process of arresting the defendant as an offender in the act of assaulting G in the course of arresting him as a crime of violence, the defendant has been subject to dispositions such as assaulting two police officers during the crime of violence and obstructing the performance of official duties; the defendant has been subject to punishment or having no authority to institute prosecution; the victim police officers have been subject to strict punishment; and the defendant has sought strict punishment. However, the defendant has been tried against his mistake, other circumstances such as the motive, process, means and method of the crime of this case; the situation before and after the crime; the defendant's age, character and behavior, career, environment, etc. as shown in the argument of this case.

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