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(영문) 대구지방법원 2015.08.27 2015고단3316
공무집행방해
Text

A defendant shall be punished by imprisonment for 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 June 25, 2015, around 17:51 on June 25, 2015, the Defendant: (a) in front of the C cafeteria located in Daegu Northern-gu, Daegu Northern-gu; (b) on the ground that the Defendant received 112 report, and confirmed “the son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son.

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. Statement to E by the police;

1. Application of Acts and subordinate statutes for reporting internal accidents;

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

1. The reason for sentencing of Article 62(1) of the Criminal Code of the Suspension of Execution [Scope of Recommendation] The basic area of the obstruction of performance of official duties (referring to six months of imprisonment or one year or four months of imprisonment), the basic area of the obstruction of performance of official duties (referring to a person who has been subject to special punishment] [decision of sentence] The defendant committed violence to police officers despite his past record of punishment for the same kind of crime, thereby obstructing the performance of official duties. The nature of the crime is not weak.

However, the fact that the defendant's mistake is divided and does not repeat the crime of this case, and the motive, means and result of the crime of this case, the circumstances after the crime of this case, the age of the defendant, character and conduct, family environment, etc. are considered, and the punishment shall be determined as ordered by the order.

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