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(영문) 대구지방법원 2017.07.21 2017고단2501
공무집행방해
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On May 5, 2017, the Defendant paid the taxi fee at the request of the injured party C (48 tax) who is the police officer belonging to the police station B of the Daegu Police Station B of the Daegu Police Station, which called the Do, under the influence of alcohol on the back side of the 124 well-developed apartment in Daegu-gu, Daegu-gu, 124, under the influence of alcohol. The Defendant sent the taxi article to the Defendant and sent the defective taxi article to the Defendant for returning to the 112 patrol vehicle, and then arbitrarily returned the taxi article to the Defendant.

In the 112 patrol vehicle, the head door of the 112 patrol vehicle was sealed by both hand, making the victim satisfe on the chest and left arms, etc.

As a result, the defendant interfered with police officers' legitimate execution of their duties concerning public order, public peace and order, and criminal investigation.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes for reporting internal accidents;

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 Criminal Act under Article 62(1) of the suspended sentence is as follows: (a) Defendant assaulted a police officer without any justifiable reason under the influence of alcohol; and (b) in light of the fact that the police station avoided disturbance after committing the crime, the police officer’s attitude of disregarding the public authority was d

However, there is no criminal record of the defendant, there is no criminal record exceeding the fine, and the fact that the defendant is against the defendant is a favorable condition.

In addition, the sentencing conditions prescribed in Article 51 of the Criminal Act, such as the age, sex, etc. of the accused, shall be determined as per the order.

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