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(영문) 대구지방법원 2017.05.25 2017고단1741
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 March 21, 2017, the Defendant: (a) in front of D on March 21, 2017, located in Daegu Suwon-gu C; (b) in front of D on March 21, 2017, the business owner of E and 112 reported as an issue of the drinking value; and (c) requested the said G to return home from F District G, etc., who was called out after receiving a report; and (d) in large interest, “I have received a bribe on this house.”

The sound of the same kind, the sound of which is equal to that of the land;

In this regard, the Defendant 1 expressed a desire to “A public official who is in friend,” and attempted to see the above G, and the Defendant 1 attempted to stop this, and the Defendant 2’s chest was friend with the Defendant 1’s finger, thereby obstructing the police officer’s legitimate execution of duties concerning the prevention, suppression, and investigation of the crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. E statements;

1. Application of Acts and subordinate statutes on the place of F District Work;

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

1. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [Scope of Recommendation] There is no basic area (from June to one year and six months) (the person subject to special sentencing) (the person subject to special sentencing] [decision of sentence] although the defendant was punished for the same kind of crime, it is disadvantageous to the police officer that the defendant obstructed the performance of official duties by exercising assault against the police officer.

However, in full view of the favorable circumstances such as the defendant's recognition of the crime in this case's acknowledgement of mistake, the degree of assault is relatively minor, contingent crimes, and all other factors of sentencing, including the defendant's age, sex, environment, motive and circumstance of the crime, and circumstances after the crime, etc., the punishment as ordered shall be determined.

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