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(영문) 대구지방법원 2016.05.13 2016고단1038
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On June 16, 2016, around 22:15, the Defendant received a report from the residents of "C Kaf," located in "C Kaf," and received questions as to whether there was gambling in the Kaf, from E, etc. in the circumstances belonging to the D District of the Gldong Police Station D, which called the site, the Defendant: (a) was under the influence of alcohol; (b) was boomed with an empty beer; (c) was boomed; and (d) was prevented from doing that act from E; (b) the Defendant expressed the desire to "C Kaf," “E,” and (c) threatened E with spabling and spathing, and threatened E with drinking.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in criminal investigations.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Statement in the police statement protocol against E;

1. Entry of seizure records;

1. Application of the video-related Acts and subordinate statutes to the seized beer photograph;

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. The reason for sentencing under Article 62(1) of the Criminal Act ( Taking into account the factors favorable to sentencing among the reasons for sentencing) of the suspended sentence (Article 62(1) of the Criminal Act (the grounds for sentencing), [the scope of applicable sentences under the law] one month or five years of imprisonment [the determination of types] [the scope of recommended sentences] fundamental area / [the scope of recommended sentences] six months or one year or four months [the scope of suspended sentence] - there is no effort to recover negative damage: there is no special reason for general consideration - there is no criminal offense of suspended sentence or more, positive social relation : there is no criminal offense (the decision of suspended sentence] to the police officer who confirms whether the defendant is a gambling site, who stated the complaint with the will of the person who was the customer, and eventually is shaking of the bridge of the police officer, and the defendant appears to have committed assault and assault, has not made efforts to recover damage, and has been punished several times.

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