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(영문) 대구지방법원 2016.12.06 2016고단5144
공무집행방해
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 16, 2016, at around 06:03, the Defendant was under hindrance to road traffic in front of C in North Korea, and was under hindrance to road traffic, and upon receiving a report from 112 that “a person is growing on the underground road, who is in danger to the underground road,” the police officer assigned to the Cheongdo Police Station Down who was called out after receiving the report from E and the assistant F.

When the defendant's personal information is confirmed together with the audience, the victim was assaulted, such as "Chos, Bhos, and Bhos," "Chos, Bhos, and Bhos, as they appear to be Chewing, and recorded, Chewing, Chewing, and Chewing," and assaulted the victim, such as when a police officer's snow part of E was shhos, on one occasion by drinking.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Investigation report (a seizure of a police box at night);

1. Application of Acts and subordinate statutes to report internal investigation (a photograph of the situation at the time of making a report on 112 on the spot, such as violence and violence records);

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] The scope of punishment for obstruction of performance of official duties (a person who has been specially mitigated in January or August) shall be mitigated [decision of sentence] (a person who has been specially mitigated], considering favorable circumstances such as the fact that the damaged police officer does not want the punishment against the defendant, that the defendant does not have any criminal record exceeding the same criminal record or fine, and that the defendant has no criminal record beyond the same criminal record or fine, the sentence shall be determined as ordered by taking into account the following factors: the defendant's age, character and behavior, environment, motive and circumstance of the crime, and circumstances after the crime.

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