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(영문) 대구지방법원 2017.06.02 2017고단1487
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On March 17, 2017, from around 00:10 to around 00:45 on the same day, the Defendant obstructed the victim’s restaurant business by forcing the male grandchildren who had been on other seats to undergo food care from the injured party in the “D” restaurant operated by the victim C (59) of the Daegu Dong-gu Dong-gu, Daegu-gu (59) by having boomed with the boom, and had boomed with the boom and demanded food care from the injured party. The Defendant did not pay food care to the male grandchildren who had been on other seats. The Defendant expressed that “Ne h. d. f. e. f. e. f. f. f. f. d. d. d. d. d. d. f. d. d. d. d. d.)

2. 공무집행 방해 피고인은 제 1 항 기재 일시, 장소에서 112 신고를 받고 출동한 대구 동부 경찰서 E 지구대 소속 순경 F으로부터 사건 경위에 대한 질문을 받자 “ 내가 뭘 잘못 했노. 씹할. 내가 몇 번 얘기해야 되 노 ”라고 욕설하며 순경 F의 얼굴에 침을 뱉어 폭행하여 경찰관의 112 신고 사건 처리에 관한 정당한 직무집행을 방해하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of each protocol concerning the suspect examination of the police against the accused;

1. Statement in each police statement with respect to C and F;

1. A copy of work log, entries in photographs, or application of the video-related Acts and subordinate statutes;

1. Relevant Article 136 of the Criminal Act, Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), Article 314 (1) of the Criminal Act (the point of obstructing duties) and the choice of imprisonment with prison labor for the crime;

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 reason for sentencing under Article 62(1) of the Criminal Act ( Taking into account the favorable sentencing conditions among the reasons for sentencing) (the following sentencing) of the suspended sentence is [the scope of statutory applicable sentences] the crime from January to June 1 of imprisonment [the type] that interferes with the performance of official duties in the course of interfering with the execution of official duties] Class 1 (the determination of the area of recommendation] basic area [the scope of recommendation] [the scope of recommendation] the crime from June to June 2 of one year [the person who interferes with the business] [the person who interferes with the special sentencing].

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