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(영문) 대구지방법원 2017.01.16 2016고단6603
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who has acquired Korean nationality with Chinese nationality.

On November 15, 2016, 23:20, the Defendant: (a) received a report from the 112 police officer belonging to the Daegu Northern District B, which read “Isn't have any abnormal woman”; (b) received a report from the police officer belonging to the Daegu Northern Police Station C District; and (c) confirmed that Isn't have any special damage, such as damage, etc.; and (d) solicited the Defendant to return home to the Defendant, the Defendant as “Isn't have any reason to go home”; and (d) Has't Is't son, “Is't have any reason to go home,” and “Is't have any reason to go home.”

Then, after having taken the back of the patrol vehicle with the mind of mind, the police officer assaulted the police officer to take twice the head debt of D in his hand within the patrol vehicle.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Relevant provisions of the Criminal Act, 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 suspended sentence under the Criminal Act [Scope of Recommendation] : (a) the mitigated area (i) (i) the mitigated area (i.e., interference with the performance of official duties or coercion of duties) (i.e., one month to eight months) [i., a special mitigated person] [i.e., a decision of sentence] the defendant is divided and taken advantage of his/her wrong facts, (ii) the first offender, and (iii) the police officer D was taking advantage of the defendant’s favor, and (iv) the defendant’s age, sexual behavior, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc. are considered as favorable to the defendant. It is sentenced to the same sentence as the order.

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