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(영문) 대구지방법원 2016.04.28 2016고단696
공무집행방해등
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 6, 2015, at around 09:45, the Defendant: (a) observed the Defendant’s use of the mobile phone in front of the upper East-dong of Daegu-dong, and verified the fact of this traffic control by using a victim E (49 years old) from the seat of the police station in Daegu-gu Police Station D (49 years old) where the Defendant used the mobile phone; and (b) did not use the mobile phone upon the Defendant’s request for a driver’s license, and (c) used the mobile phone; (d) the Defendant was able to turn off the mobile phone at one time with the police officer’s left ket; (d) the Defendant used both sides of the victim by assaulting the victim, such as walking the victim three times at around the right side and inside the inside side of the police station in need of treatment for about two weeks; and (e) obstructed the police officer’s legitimate performance of duties concerning traffic control.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. A medical certificate;

1. Application of each statute on photographs;

1. Article 136(1) of the Criminal Act applicable to the facts constituting an offense (the point of obstructing the performance of official duties) and Article 257(1) of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishments imposed on the crimes of serious injury);

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the stay of execution (The consideration of favorable circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2(1) of the Social Service Order Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. does not present a separate processing method concerning the ordinary concurrent crimes, and the sentencing criteria in this case shall not apply.

- Unfavorable circumstances: the Defendant, who is dissatisfied with traffic control on the road where a large number of vehicles communicate, was able to control the traffic, and the Defendant was able to act outside the common sense, such as quizzle and walking cars, and this seems to have been faced with the self-esteem of the police officer in charge of public duties as well as physical injuries of the damaged police officer.

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