logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2018.01.26 2017고단7054
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight 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 December 7, 2017, the Defendant was sentenced to 8 months of imprisonment and 2 years of suspended execution by obstructing the performance of official duties at the Daegu District Court, and the judgment became final and conclusive on December 15, 2017.

On December 10, 2017, at around 07:19, the Defendant was subject to the control by G and Assistant H, a police officer belonging to the F District Police Station of the Dong Police Station, who was called up after receiving a report of 112 from among the parties who were dissatisfied with D’s cafeteria E at a “D” restaurant located in Daegu-gu, Daegu-gu, Daegu-gu.

The Defendant, at the same day, tried to assault E during the patrol with the police officer, who was going to go home at around 08:10 on the same day, in accordance with the proposal of the police officer, and was going to go home with E, and the police officers tried to go home within the patrol vehicle. Accordingly, the police officers tried to set up the patrol vehicle and let the Defendant get off the patrol vehicle in front of the “new Motor Vehicle Trading Complex” located in Daegu-gu, Daegu-gu.

Even after getting off from the patrol place at the above place, the Defendant: (a) committed an assault by a police officer on the ground of his control; (b) carried a person to a police officer who was forced to grow a musta while leaving the place to go on the part of both descendants; and (c) inflicted an assault by a police officer on the part of both descendants; and (d) by cutting the person to a slope who was the victim, who was forced to grow a musta while cutting the person to a slope, who was the victim.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Investigation report (Attachment to a photograph of a work uniform taken by a victimized police officer in co-house);

1. Previous convictions in judgment: Inquiry about criminal history and application of Acts and subordinate statutes of investigation report (verification of the same kind of force);

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

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The defendant, on the grounds of sentencing under Article 62(1) of the Criminal Act, committed the instant crime again within three days after he/she was sentenced to a trial for the same kind of crime, and the defendant is drunk.

arrow