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(영문) 대구지방법원 2017.05.30 2017고단2083
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 8, 2017, around 05:36, the Defendant: (a) heard the Defendant’s statement that he would return home from C in the circumstances belonging to the Daegu Police Station B District of the Daegu Police Station, who was sent to the police after receiving a report that he had a person who would incur a vision on the roads of “Public Health University” located in 57, Daegu Northern-gu, Daegu, Tae-gu; (b) assaulted the Defendant, i.e., “wh and kb number when the police was reported; and (c) assaulted the Defendant’s chest with his finger and head.”

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Place of work;

1. Application of Acts and subordinate statutes to a criminal investigation report (referring to a copy of identification card and photographing of the standing body);

1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of the recommended sentence] There is no person [the person subject to special sentencing] in the basic area (from June to one year and six months) [the person subject to special sentencing] [the decision subject to sentencing] of the defendant, although the defendant's assaults police officers and does not stop the failure even after he was arrested, it is not good that the defendant has committed the crime. However, the first offender is the first offender, and the defendant's age, sexual behavior, environment, motive or circumstance of the crime, circumstances after the crime, etc. are considered as a whole, and all the sentencing conditions such as the defendant's age, sexual behavior, motive or circumstance of the crime, and circumstances after the crime shall be determined as ordered.

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