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(영문) 대구지방법원 2016.09.09 2016고단3329
공무집행방해
Text

A defendant shall be punished by imprisonment for six 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 June 5, 2016, the Defendant: (a) on the street in front of the convenience store C located in Daegu Northern-gu B, Daegu, and (b) on June 5, 2016, reported that the Defendant was arrested by the Defendant F as a flagrant offender in the crime of assault, upon receiving a report from 112, that the Defendant Da, a first executive of the said convenience store, assaults the employees of the said convenience store; (c) on this basis, the Defendant f was arrested by the Defendant as a flagrant offender in the crime of assault.

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

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of the Acts and subordinate statutes in which statements made by the police in F are recorded;

1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act concerning the selection of punishment;

1. The reason for sentencing under Article 62(1) of the Criminal Act ( Taking into account the favorable sentencing conditions among the reasons for sentencing) of the suspended sentence (the following sentencing), [the scope of the applicable sentencing under the law] imprisonment for one month to five years (the determination of the type] interference with the performance of official duties, [the scope of the recommended sentence] basic area / [the scope of the recommended sentence] six months to one year and four months] [the suspension of execution] - there is no effort to recover negative damage: there is no effort to recover negative damage (the decision of the sentenced sentence] [the decision of the sentenced sentence] which interferes with the performance of official duties by assaulting the police officer even though the defendant was already subject to multiple criminal punishment, but the degree of the assault committed by the defendant is not serious, and the defendant seems to be against the crime of this case, and the sentencing conditions that are favorable to the defendant, such as the defendant's age, sex, and circumstances after the crime, etc., shall be determined as per the order.

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