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(영문) 대구지방법원 2018.06.07 2018고단1511
공무집행방해
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 January 26, 2018, at around 21:25, the Defendant: (a) was unable to avoid disturbance, such as taking a trial expense with fluent women who were seated in the next table table table, while drinking alone in a restaurant located in Daegu Northern-gu C, Daegu-gu; (b) the Defendant was asked about the circumstances and circumstances belonging to the F Zone of the Police Station of the Daegu Northern-gu, Seoul-gu, and the circumstances of the instant case, etc., sent to the site after receiving a report from 112 of E; (c) the Defendant was tightly knicked with G’s body by hand, who was asked by G and G about the course of the instant case, etc.; and (d) the Defendant was horsed.

H의 몸을 양손으로 밀치고 양손과 발을 휘저으며 H의 배, 다리 등을 걷어찼고, 계속하여 G, H과 함께 식당 밖으로 나온 다음 G으로부터 공무집행 방해 등 현행범으로 체포될 수 있음을 고지 받자 ‘ 야 이 씹 새끼야 네 가 무슨 경찰관이야, 나도 경찰관이다, 네 가 뭔 데 이 새끼야 ’라고 소리치며 양손으로 G의 몸을 밀치고, 발로 G의 다리와 배 부위를 걷어찼다.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the handling of 112 reported cases and the maintenance of public order.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement to G and E;

1. Application of Acts and subordinate statutes to a report on investigation (report on interview between police officers and police officers dispatched to the scene);

1. Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of the recommended punishment on the sentencing guidelines: Imprisonment with prison labor for up to six months from one year and six months [the scope of the recommended punishment], and the basic area (up to one month from June to six months) (up to six months) of the basic area (up to one year and six months) of the suspension of the performance of official duties;

2. Determination of sentence - Determination of sentence - Unfavorable circumstances: The details and degree of violence against police officers and the absence of a manual from the damaged police officers, the recognition of and reflects the favorable circumstances: the fact that a fine exceeds a fine or has no record of the same kind of punishment;

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