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(영문) 대구지방법원 2017.12.14 2017고단4684
공무집행방해등
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On July 11, 2017, the Defendant: (a) was on the street in front of an apartment apartment in the 15-lane 41, the payment of the State bond bond in Daegu-gu, Daegu-gu, 16:10 on July 11, 2017; and (b) was on the top of the patrol vehicle operated by C belonging to the Daegu-dong Police Station B, which was controlled by signal violation and moved to the top of the patrol vehicle operated by C, without any particular reason, to C.

“Along with the word “A”, assaulted C’s face three times by drinking, quihing C’s face by hand, quihing C’s face by hand, etc., with approximately two weeks of treatment, and damaged C’s face to be 480,000 won per repair cost.

Accordingly, the defendant interfered with legitimate execution of duties by police officers and prevention of traffic danger and injury to C at the same time, and damaged his security.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A report on internal investigation (Attachment of black stuffs and images);

1. A medical certificate;

1. Receipts:

1. Application of Acts and subordinate statutes, such as vehicle photographs, standing photographs, etc.;

1. Article 136(1) of the Criminal Act applicable to the facts constituting an offense (the point of obstructing the performance of official duties), Article 257(1) of the Criminal Act (the point of inflicting an injury) and Article 366 of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the suspended sentence of the Criminal Act (hereinafter referred to as the grounds for sentencing): The Defendant’s age, occupation, motive and background of the crime, means, and consequence of the crime committed by the Defendant, even though the Defendant did not have any means to impose any punishment except a fine on one occasion by the Defendant at the time of the instant case, in the process of leaving the police officer assigned to the scene with the traffic signal violations while driving alcohol, and at the same time interfered with the performance of official duties without any particular reason, is very difficult to commit the crime. favorable circumstances: the Defendant recognized and reflects all the crime. The Defendant was smoothly agreed with the victimized police officer, such as injury.

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