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Reasons
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(영문) 대구지방법원 2017.07.20 2017고단2990
공무집행방해
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A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 10, 2017, around 22:57, the Defendant heard the case from the Defendant’s wife, and obstructed the police officer’s legitimate execution of duties concerning the prevention, suppression and investigation of crimes by assaulting the police officer’s eye, such as assaulting the police officer’s b201 in Daegu-gu, Daegu-gu, 201, and receiving a report that there was domestic violence, and assaulting the police officer’s eye on the part of the police officer’s b201, and obstructing the police officer’s legitimate execution of duties regarding the prevention, suppression and investigation of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Application of the statutes governing the place of service for a police box;

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

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

1. Selection of imprisonment with prison labor chosen;

1. Although the reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is a case of using violence against police officers dispatched by the defendant upon receiving a report of domestic violence, the punishment as ordered shall be determined by considering the favorable circumstances such as the fact that the defendant has not been punished once by a fine in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents in 2013, and that the defendant has no previous conviction, and that he has committed a crime late later and later, and other factors of sentencing as shown in the arguments of the case, such as the defendant's age, sex behavior, intelligence and environment, motive, means and consequence of the crime, and circumstances after the crime, etc.

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