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(영문) 대구지방법원 2017.02.03 2016고단5939
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On October 20, 2016, around 00:15, the Defendant: (a) reported within 112 Dong B 102, Dong B 1201, and (b) 112, that “the Defendant d, who was dispatched to the scene, attempted to grasp the circumstances of the instant case by the police officer D, who was dispatched to the site after receiving a report from 112 that “the Defendant d, who was on the part of the police officer of the Gyeongsan Police Station C, would drink at the house in the flasium flab; and (b) taken a flab, flads, and flads the above police officer’s face.”

Accordingly, the defendant interfered with the legitimate execution of official duties concerning the handling of reports by police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police suspect interrogation protocol against the accused;

1. Application of the Acts and subordinate statutes in which statements made by the police in D are recorded;

1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62(1) of the Criminal Act on the stay of execution (The following conditions of sentencing shall be considered as favorable among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of the applicable sentences under the law] 1-5 years of imprisonment / [the scope of recommended sentences] / 1-5 years of interference with the performance of official duties, and there is no person [the person subject to special sentencing] [the person subject to special sentencing] [the sentence] [the defendant] on October 25, 201, by obstructing the performance of official duties at the Daegu District Court, Daegu District Court sentenced 8 months of imprisonment and 2 years of suspended sentence, etc., which had been punished for the crime of this case, even if he/she committed the crime of this case, and even if he/she had been punished for the crime of this case, the sentence more severe than the fine is imposed.

However, the degree of assault committed by the defendant seems not to be serious, etc., the conditions of sentencing favorable to the defendant, as well as all other conditions of sentencing, including the defendant's age, sex, and circumstances after the crime, shall be determined in accordance with the order.

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