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(영문) 대구지방법원 2017.11.16 2017고단5265
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On August 26, 2017, at around 18:40 around 18:40, the Defendant was working in front of the C convenience store located in Daegu Dong-gu, Daegu-gu, by hand, D’s behind the road, which was then driven by the Defendant, from the border F belonging to the police station in Daegu-gu, Dong-gu, Seoul-dong, Police Station Earb, “Any person is required”;

In order to hear the words "Maemang", the above F took the bath of "Ye Mae Mae Mae Mae Ma", and assaulted by hand such F twice the threshold.

Accordingly, the defendant interfered with the legitimate execution of police officers' duties 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 with regard to F;

1. Place of work;

1. Application of Acts and subordinate statutes to a criminal investigation report (related to attaching a detailed statement of processing a report 112);

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

1. The reason for sentencing under Article 62(1) of the Criminal Act in the suspension of execution is that the defendant assaulted a police officer who performs official duties, and has the same career as the defendant, the extent of the assault is relatively minor, the recognition of the crime and the violation, the fact that there is no record of the crime exceeding the fine, and other conditions of sentencing such as the defendant's age, sexual behavior, family relationship, criminal records, the circumstances of this case, and the following progress, shall be determined by comprehensively taking into account the following factors.

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