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(영문) 대구지방법원 2017.05.26 2016고단261
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On October 1, 2015, the Defendant reported to the Defendant that there is a woman who saluted in front of the Cnatium C located in Daegu-gu, Daegu-gu, Daegu-gu, on October 1, 2015, and received a report from the Defendant 112, and served as a patrol officer at the police box of the Daegu Southern-gu Police Station D commander called up to the above Cnatium 302.

The request that a female living together is conditional and without any justifiable reason, and the above policeman E cannot catch a person without any justifiable reason.

The phrase "We talk about the reasons", as a threat to drinking, and being warneded by a policeman E, despite being warneded by him, he is 20 criminal prior to and 20 criminal records, the police officer, who tried to get off and take aboard the patrol vehicle according to the out of the doer, with his face being pushed off and pushed off.

In this regard, the police officer's legitimate execution of duties concerning the dispatch of report 112 was obstructed by threatening the police officer, as the police officer has been spawned over several times.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes, such as a copy of work place;

1. Relevant legal provisions on criminal facts, Article 136(1) of the Criminal Act on the selection of punishment, reasons for sentencing of imprisonment [the scope of recommendation] [the scope of punishment]] that there is no person [the person who is subject to special sentencing] in the basic area (six months to one year and four months) [the person who is subject to special sentencing] [the decision of sentencing] [the defendant has a number of criminal records of punishment], and in light of this, it appears that the defendant has considerable violent nature, and that there is a record of criminal punishment of the same kind of punishment.

On the other hand, the fact that the defendant did not have any physical contact with the police officer, which seems to have relatively weak degree of assault and intimidation is favorable.

In addition, the sentencing conditions prescribed in Article 51 of the Criminal Act, such as the age, sex, etc. of the defendant, shall be determined as per the order.

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