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(영문) 대구지방법원 2017.03.31 2017고단509
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 December 26, 2016, at the defendant's house located in Daegu Northern-gu, Daegu Northern-gu, upon receiving a report of 112 domestic violence from the defendant's house, the defendant voluntarily demanded voluntary accompanying from the defendant E, the circumstances belonging to the D District Police Station in the Daegu Northern-gu, Seoul Northern-gu, and the police officer's request to accompany the D District to the D District, and the defendant was on board the back seat of the 112 patrol vehicle in G 12 operated by E.

The Defendant, in the vicinity of the D District in Daegu Northern-gu, Daegu-gu, around 22:00 on the same day, “A police officer, who was employed by the police officer, is the impule.

The term “Choe D” and “Choe Febaeb

“Abridged as “,” and F was assaulted by F, who was seated next thereto, f, facing the Defendant’s face, f, who was fleeped on a hand, and f, who was blue at the right blue of F in one time with the right blue.

As a result, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the protocol concerning the interrogation of the accused by the prosecution;

1. Statement made to F in the police statement protocol;

1. Application of Acts and subordinate statutes indicating the place of work for the D District Armed Forces;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act ( considered as favorable sentencing conditions among the reasons for sentencing) of the suspended sentence (the following sentencing), [the scope of applicable sentences under the law] one month to five years [the determination of types of punishment] interference with the performance of official duties, which shall interfere with the execution of official duties, [the scope of recommended punishment] basic area / [the scope of recommended punishment] six months to one year and six months / [the suspension of execution] - General circumstances - at least two negative cases: criminal records of suspended sentence [the decision of sentenced punishment] committed the instant crime even though the defendant had been subject to criminal punishment on several occasions, it does not seem that the degree of assault committed by the defendant or the degree of interference with the performance of official duties, and it appears that additional damage, such as injury, etc., to police officers, has not occurred. The defendant is aged.

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