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(영문) 대구지방법원 안동지원 2018.09.14 2018고단427
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 7, 2018, the Defendant was under divingd on the rear side of the 6 main apartment house located in Andong-ro 46, Andong-si, Andong-si, Andong-ro, 46. On the ground that the Defendant was under diving C, etc. of the Defendant, who was called up upon receipt of the 112 report, was under the Defendant’s diving.

This Chewing gue, the name of the manager must be changed to her head, where he or she belongs to her head, her head, where he or she is found to be her head, and the above fest C will take the bath to the police officer.

“A person who, by his own hand, assaults C’s face face at one time.”

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the maintenance of public peace and order.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes governing the 112 reported case list, B global area service;

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

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

1. The basic area (from June to June) of the sentencing criteria [the scope of the recommended punishment] and the basic area (from June to June) (no person subject to special sentencing] shall interfere with the performance of public duties;

2. The Defendant, upon receipt of a report 112, expressed a bath to the police officer in uniform called out and took violence.

This act is likely to be criticized not only in that it interferes with the police officer's duty to maintain the order, but also in that it can promote a light of legal order and public authority.

However, the defendant is currently recognizing and opposing his mistake.

The degree of violence against the police officer is relatively minor.

Defendant has no record of punishment for the same crime, and has no record of criminal punishment or heavier than suspended execution.

In addition, all the circumstances revealed in the trial process, such as the defendant's age, sex, environment, motive and background of the crime, and circumstances after the crime, the punishment as ordered shall be determined.

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