(영문) 대구지방법원 2015.09.24 2015고단3850

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(영문) 대구지방법원 2015.09.24 2015고단3850

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 5, 2015, at around 22:20, the Defendant reported that a drunk person fescing on the front of the C convenience point located in Sinsan City B, and reported that he fescing him, and the police officers belonging to the D District of the Gyeongbuk Police Station D District called out to the site were able to fescing him, and the Defendant fescing the chest of the victim E who belongs to the said district fescing unit one time as he fescing him, without any particular reason, and fescing him two times as he fescing with his left hand.

Accordingly, the defendant interfered with the legitimate execution of official duties on the prevention of crimes by police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning E and F;

1. Application of 112 Reporting List and Acts and subordinate statutes governing the place of work;

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] There is no person who has the basic sphere (6 to 1 year and 4 months) of the obstruction of performance of official duties (a person who has been subject to the punishment of sentence] [a person who has been sentenced to the suspension of performance of official duties] The sentence of sentence shall be determined as ordered by taking full account of the following circumstances: (a) the following circumstances: (b) the Defendant assaulted two police officers dispatched by the Defendant to the police who was under the influence of alcohol, and obstructed the performance of official duties; (c) the Defendant is dissatisfing and dissating the mistake; and (d) the Defendant has no power of punishment exceeding the same kind of power or fine; and (b) other various circumstances such as the motive, background, means and method of the instant crime; (c) the circumstances before and after the instant

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