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(영문) 대구지방법원 2014.08.28 2014고단3601
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight 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 June 20, 2014, at around 17:40, the Defendant: (a) received 112 report that a prisoner was satisfing; and (b) requested that the police officer assigned to the police box of the Gyeongcheon-gu Police Station C to return home from the police officer assigned to the police box of the Gyeongcheon-gu Police Station; (c) requested the above D to have the satisfing on the sat; and (d) let the satfling on the satch.

At this time, on June 20, 2014, the Defendant, while getting on and moving the patrol vehicle, demanded the above D to take a bath and get off from the patrol vehicle in front of 1190, Sincheon-gu, Sincheon-gu, Sincheon-gu, Sincheon-gu, Sincheon-gu, Geumcheon-gu, and said D to take a bath for the Defendant from the patrol vehicle to take off from the patrol vehicle and to the said D.

Afterwards, the Defendant continued to take the above D’s end that the Defendant would not take the Defendant’s desire, and committed assault, such as breaking the breath of the D’s head, with his left hand, after having taken the above D’s right-hand 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. Statement of D police statement;

1. Application of statutes governing the place of work;

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

1. The reason for the sentencing of Article 62(1) of the Criminal Code of the Suspension of Execution [Scope of Recommendation] There is no basic area (6 to 1 year and 4 months) of the obstruction of performance of official duties (decision of sentence] The decision of sentence is not good for a police officer to interfere with the legitimate performance of official duties by showing a desire to a police officer, and assaulting a police officer, and thereby obstructing the execution of official duties. The defendant has been convicted of suspended execution with the same military force for ten years, and the defendant recognized and against his mistake, and other circumstances such as the motive, circumstance, means and method of the crime of this case, circumstance before and after the crime of this case, the defendant's age, character and behavior, career, environment, etc. as shown in the argument of this case.

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