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(영문) 대구지방법원 2017.12.12 2017고단5781
공무집행방해등
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 12, 2017, the Defendant, refusing to leave, entered a D cafeteria operated by the victim C in Busan Metropolitan City around 20:20 on October 12, 2017, provided that the Defendant expressed the victim’s desire to “the C ZA” to “the victim,” and that the Defendant was demanded to request the victim from the damaged by avoiding the disturbance, such as the booming the table.

However, the Defendant did not respond to the request, and the police officer dispatched by the victim's report on the same day at around 20:50 on the same day until the police officer arrives at the place of destination, such as "this rings and shots," and went to the above restaurant and did not comply with the request for withdrawal of the victim without justifiable reasons.

2. On October 12, 2017, at around 20:50, at the same place as indicated in paragraph (1) and paragraph (1), the Defendant: (a) expressed a desire to leave the restaurant from cafeteria F at the border of the Gyeongsan Police Station Ear-gu, the Gyeongsan Police Station, which called “I kis, kis, kis, kis, and Hask kis,” and assaulted the above F F’s chest part by hand, with his hand, and walking the buck part at one time.

Accordingly, the defendant interfered with the legitimate execution of police officers' duties in relation to the prevention, suppression and investigation of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. C’s statement;

112 Application of the 112 Report Settlement Statement and the E District Work Site Act and subordinate statutes;

1. Relevant legal provisions of the Criminal Act, Articles 319(2) and 319(1) of the Criminal Act (in the case of refusing to withdraw), Article 136(1) of the Criminal Act (in the case of obstructing the performance of official duties) and Articles 136(1) of the Criminal Act and the choice of imprisonment

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 sentence identical to the order shall be determined by comprehensively taking into account the following conditions of sentencing under Article 62(1) of the Criminal Act, including the Defendant’s age, occupation, sex, family relationship, and the circumstances before and after the commission of the crime.

Unfavorable circumstances - The defendant found the disturbance in the victim's restaurant under the influence of alcohol and did not comply with the eviction, and dispatched the disturbance upon receipt of the report.

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