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(영문) 대구지방법원 2015.11.05 2015고단4575
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

At around 08:30 on September 4, 2015, the Defendant reported that he was in front of the Daegu Southern-gu, Daegu-gu, and that he was in the same place with another Gun while being mixed. However, on the ground that D’s circumstances belonging to the Daegu-nam Police Station C District of the Daegu-gu Police Station that was dispatched upon receipt of the 112 report and called the her horses are not friendly, the Defendant abused D’s breast part with D’s cell phone at one time and obstructed the police officer’s legitimate execution of duties concerning the mobilization and treatment of the 112 report.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes, such as internal investigation reports and work logs;

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

1. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on Probation, etc. are those who have been punished once as a crime of obstruction of performance of official duties, and the defendant's liability for the crime of this case is not easy again again. However, the defendant's punishment is late and against his wrong, the defendant has no criminal record of suspended execution or more, and the motive, circumstance, means and method of the crime of this case, the situation before and after the crime of this case, and other circumstances such as the defendant's age, character and behavior, career, environment, etc. as shown in the argument of this case.

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