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(영문) 대구지방법원 2017.10.25 2017고단4682
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 4, 2017, the Defendant: (a) around 23:40, at D Singing practice place, “D Sing practice place is engaged in illegal business”; (b) on the ground that the process of regulating the sales of alcoholic beverages in the said Sing practice place by police officers F belonging to the Daegu Suwon Police Station Ear, who called up upon receiving a report 112, and G’s course of controlling the sales of alcoholic beverages in the said Sing practice place is bad, the Defendant obstructed F from leaving the front of F, who attempted to go out of and to go to the chief of the patrol vehicle, and obstructed F’s chest on one way.

The Defendant continued to keep up with the shoulder of G that controls it by hand, and the F and G “the bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch,” but bitch bitch bitch bitch bitch bitch,

Before the patrol, the police officer took a bath that his behavior was wrong, and assaulted in front of the patrol to block the course of the patrol police officer, thereby hindering the legitimate execution of duties concerning the maintenance of public peace.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. Application of the Acts and subordinate statutes to report on investigation (Attachment of screen pictures taken from a terrestrial border to a mobile phone);

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

1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act that a defendant singing and assaulting a police officer without any special reason is in need of strict punishment as an act of disregarding public authority. However, considering that the defendant is the first offender of the same kind, there is no criminal conviction exceeding the fine, the defendant is in contravention of his/her own name, etc., circumstances favorable to him/her, such as the defendant’s age and sexual behavior, the sentence shall be determined as ordered by taking into account the circumstances prescribed in Article 51 of

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