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(영문) 대구지방법원 2016.11.24 2016고단4631
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On August 11, 2016, at the Daegu East-gu Police Station D District of the Daegu Dong-gu Police Station located in Daegu-gu, Daegu-gu, upon receiving a report of 112 that the Defendant was under the influence of alcohol, the Defendant sent to the police officers belonging to the said district, who voluntarily flowed along the said district and was under the influence of the said district, and voluntarily flowed to the slope E belonging to the said district and used it on the ground of the said district, and assaulted the Defendant by spiting spite E, and threatened the Defendant.

As above, the Defendant interfered with the police officer’s legitimate performance of duties concerning the handling of 112 reported cases and the maintenance of order.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A copy of the work log in the D District;

1. Copies of the public official identification;

1. 112 Report statements;

1. Application of Acts and subordinate statutes on site photographs

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

1. Reasons for the sentencing of Article 62(1) of the Criminal Code of the Suspension of Execution [Scope of Recommendation] 【Obstruction of Performance of Official Duties (Obstruction of Performance of Official Duties) and the basic area (6 to 1 year and 4 months) (special person] [Determination of sentence] unfavorable circumstances: In light of the mode of obstruction of performance of official duties in this case, the Defendant’s words before and after the commission of the crime, etc., the nature of the crime is poor.

The favorable circumstances: The defendant is recognized as committing a crime and is in depth against the defendant.

There shall be no other criminal records, except before a fine is imposed on a defendant once.

In addition, the sentencing conditions shown in the trial process of this case, such as the defendant's age, character and conduct, environment, motive and background of the crime, and circumstances after the crime, shall be determined as ordered.

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