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(영문) 대구지방법원 2017.02.02 2016고단4753
공무집행방해등
Text

Defendants shall be punished by imprisonment for ten months.

However, for the defendant A from the date this judgment became final and conclusive, two years shall apply.

Reasons

Punishment of the crime

Defendant

A around September 21, 2016, around 201:30, when G was arrested as a flagrant offender of a crime of assault by a police officer of the Daegu Suwon-gu Police Station H District, who was called up after receiving 112 reports, and was arrested as a police officer of the 112 police station, and was seated at the back of the patrol police station, the said I would be able to bring again the creh of hearing the statements of the said G to other G.

Accordingly, Defendant B used the I’s title in his net arms, and Defendant A used the I’s line that the I’s timber is located under Defendant B, and Defendant B used the I’s line that the I’s timber is located under Defendant B.

Accordingly, the Defendants jointly interfered with the legitimate execution of duties concerning the handling of reports and criminal investigations by police officers.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made to I by the police;

1. A written statement of G and J;

1. Application of the Act on the Place of Work for H District Armed Forces;

1. Relevant Articles 136 (1) and 30 of the Criminal Act concerning the Defendants who choose to commit the crime;

1. Defendants on probation: Article 62(1) of the Criminal Act

1. Defendants of a community service order: Reasons for sentencing under Article 62-2 of the Criminal Act [the scope of a recommended sentence] [the scope of a punishment] that interferes with the performance of official duties, the basic area (from June to one year and four months) (the person who is subject to special sentencing] (the decision of sentence]

1. Although Defendant A had a record of punishment several times for the crime of violence, repeated the crime of this case; Defendant A attempted to assault the victim again in the course of arresting the victim as an offender in the crime of assault; Defendant A committed an assault in the course of arresting the victim; and Defendant A committed an act of assault in the course of blocking the police officer’s vessel; and Defendant A committed an act of assault in light of the law

However, all of the sentencing conditions, such as the defendant's recognition of the crime of this case and reflects the mistake, the fact that the defendant agreed with the victim of the assault, the degree of the assault, etc., favorable circumstances such as the defendant's age, sexual conduct, environment, motive and circumstance of the crime, and circumstances after the crime, etc.

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