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(영문) 대구지방법원 2016.07.22 2016고단2652
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

On June 18, 2016, the Defendant found in the Daegu Dong-gu Police Station C District District of the Daegu Dong-gu Police Station, Daegu-gu, Daegu-gu, B without any justifiable reason, and took a bath to police officers working in the situation, and received a demand to return home from police officers D who belong to the above, and used assault and intimidation by showing the attitude that he was able to keep his chest into his arms and cellular phone used by his hand.

Accordingly, the defendant interfered with the legitimate performance of duties by police officers on global situation service.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of each statute on photographs;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act (amended by Act No. 62(1) of the Suspension of Execution [Scope of Recommendation] No. 1 (Obstruction of Performance of Official Duties and Compelling of Duties) in the basic area (six months to one year and four months) [the person who is subject to special sentencing] [the decision of sentence] in the instant crime is a assault or intimidation against police officers within the district, and its nature is not good.

However, considering the fact that the defendant's mistake is divided, the fact that there is no criminal punishment other than a fine imposed once due to drinking driving, etc., the defendant's age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., the sentence like the order is imposed by considering the sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, sex, environment, motive, means and consequence, etc.

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