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(영문) 대구지방법원 2014.09.02 2014고단3796
공무집행방해
Text

A defendant shall be punished by imprisonment for six 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

On June 5, 2014, at around 04:10, the Defendant received a 112 report that the Defendant and his/her driver did not pay the drinking value and received confirmation of the instant case from the slope F belonging to the Daegu East Police Station E-gu, Daegu Police Station E-district called up.

At this time, the Defendant, who was drunk, demanded F to pay the drinking value and return home by shouldering the Defendant who was drunk, committed an assault, such as making F's blick with his own hand at one time.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the protection of the lives, bodies, and property of the police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statements made to F and G;

1. Article 136 (1) of the Criminal Act applicable to the crime;

1. The reason for sentencing under Article 62(1) of the Criminal Act (a favorable circumstances among the reasons for sentencing below) of the suspended sentence is divided in depth of the defendant's mistake, and the degree of assault and obstruction of official business is relatively low, and there is no criminal record of the same kind or suspension of execution or more as a basic livelihood recipient who is in hospital treatment with alcohol respect, and there is no criminal record of the same kind or suspension of execution or more than that of the sentence. The defendant's age, character and behavior, intelligence and environment, relationship to the victim, motive, means and consequence of the crime of obstruction of performance of official duties, obstruction of performance of official duties, obstruction of performance of official duties, mitigation area (where the degree of assault is minor), mitigation area (where the degree of violence is minor), and the decision is ordered within eight months of the recommended sentence

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