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(영문) 대구지방법원 2016.09.02 2016고단3198
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

On June 29, 2016, at around 15:25, the Defendant committed violence, such as taking a notice of the Punishment Act on Minor Offenses, and taking the Defendant’s desire to take the part of the said C, taking the part of the C’s bridge, and taking the breath from a slope C belonging to the Daegu Southern Police Station B District, which was called by the Defendant upon receiving a report of 112 that the Defendant took a bath to the breath by drinkinging the breath of the said C, and taking the breath of the breath of the said C.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police suspect interrogation protocol against the accused;

1. Application of the Acts and subordinate statutes to entries in the notification detection processing department;

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 under Article 62(1) of the Criminal Act (the conditions for sentencing favorable to the reasons for sentencing) of the suspended sentence [the scope of punishment under law] one to five years of imprisonment [the decision of the suspended sentence], the obstruction of performance of official duties] [the scope of the recommended sentence] six months to one year [the scope of the suspended sentence], six months to four months], the basic area [the reason for the suspended sentence] - there is no effort to recover negative damage: there is no criminal conviction above the positive suspended sentence [the decision of the sentenced sentence] there is no criminal conviction above the positive suspended sentence [the decision of the sentence] considering the fact that the defendant committed the crime of this case even though there are multiple criminal punishments, there is no additional damage such as injury to the police officer, etc. However, it appears that there is no punishment more severe than the fine, and the sentence shall be determined in consideration of the sentencing conditions favorable to the defendant, other favorable to the defendant, the age, character and behavior of the defendant, and all other conditions of the sentence after the crime of this case.

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