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(영문) 대구지방법원 2016.11.11 2016고단4415
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

At around 13:15 on August 23, 2016, the Defendant: (a) was a person operating a restaurant with the trade name of “C” located in Daegu Northern-gu B; (b) was controlled by the Defendant’s delivery employee of the restaurant near the road; (c) from the circumstances surrounding the D District of the Daegu Northern-gu Police Station D District to the D District, by the operation of the vehicle, the said restaurant was controlled by the operation of the vehicle; (d) “If the police was under the control before passing through the vehicle, the Defendant would be equal to or good in the strength; and (d) the police will take the son of the above E in his hand; (b) the Defendant shall take the son of the son’s outer part; and (d) the Defendant shall hear the horses that he did not see from E; and (e) the Defendant shall take the son’s face, such as this son and the son, and he shall take the son’s face, and he shall see the son off his chest.”

Accordingly, the defendant interfered with legitimate execution of duties by police officers on traffic control.

Summary of Evidence

1. Defendant's legal statement;

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

1. Application of the Acts and subordinate statutes to the statement statement made by the police in relation to E and F;

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions for sentencing favorable to the reasons for sentencing) [the scope of punishment under law] 1-5 years of imprisonment [the determination of sentence] 1-6 years and 1-4 months of the basic field of obstruction of performance of official duties [the scope of the recommendation field] / [the scope of the recommendation field] 6-1 year and 4 months [the main reasons for suspension of execution] - Where the degree of positive assault, intimidation, and deceptive scheme is minor: there is no positive or higher criminal conviction [the decision of sentence] where there is no positive or higher criminal conviction (the decision of sentence] that there is a complaint against the police officer who properly controlled the defendant and assault the police officer.

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