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(영문) 대구지방법원 2015.12.18 2015고단4336
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

On July 26, 2015, at around 02:50, the Defendant reported 112 on the street in front of the “D” located in Daegu Northern District C, and obstructed the police officer’s legitimate performance of duties concerning the duty of dispatch of 112 report by assaulting the Defendant’s hand by assaulting the F’s neck and chest at his own expense, by assaulting the Defendant, such as the Defendant’s f's f's f's f's f's f's f's f's f's f's f's f's f's f', and walking the F's f's f's f's f's f's f's f's f's f's f'

Summary of Evidence

1. Statement of the police suspect interrogation protocol against the accused;

1. Statement made by the police officer on F;

1. Application of Acts and subordinate statutes indicating work log;

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

1. Reasons for the sentencing of Article 62(1) of the Criminal Act (the conditions for sentencing favorable to the reasons for sentencing) of the suspended sentence [the scope of punishment under law] one month or five years of imprisonment [the decision of the period of punishment] and five years of obstruction of performance of official duties] [the decision of the recommended area] basic area [the scope of the punishment of recommendation] six months or one year or four months [the scope of the suspended sentence]] - there is no effort to recover negative damage: there is no reason for general participation - there is no criminal record of more than a suspended sentence, positive social relation clearly: there is no history of assaulting a police officer who tried to assist him/her without any special reason, obstructing the performance of official duties and having been punished once for the same kind of crime, so it is necessary to sentence more severe punishment to the defendant.

However, the degree of assault committed by the defendant is not severe and there is no additional damage, such as injury, to police officers, etc., the defendant has no penalty heavier than the fine, and the crime of this case is contrary to the sentencing conditions favorable to the defendant, and others.

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