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(영문) 대구지방법원 2018.01.25 2017고단6318
공무집행방해
Text

A defendant shall be punished by imprisonment for four 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 September 25, 2017, at around 00:50, the Defendant assaulted the disturbance, such as assaulting D, who is an employee of the above club security force, at around 112, who was asked about the circumstances of the incident, etc. from the F of the circumstances belonging to the police station E zone in the middle-gu, Daegu, Daegu, upon receiving a report from 112, the Defendant assaulted the F on one occasion at the right-hand hand of F. Accordingly, the Defendant arrested a flagrant offender under suspicion of interference with the performance of official duties, arrested him/her to arrive at E zone, and assaulted him/her at one time in order to obtain signature and seal on the document, such as F. A. F. document.

Accordingly, the defendant interfered with the legitimate execution of police officers' duties in relation to the prevention, suppression and investigation of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to a written statement;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Act on Suspension of Execution (hereinafter referred to as the grounds for sentencing): A favorable circumstance in which the Defendant, while drunk, breatheed and breatheed by a police officer wearing a uniform, does not seem to be negligible in light of the circumstances leading up to the crime and the method of the crime: The Defendant’s age, occupation, sex and environment, family relationship, motive and circumstance of the crime, family relationship, and the circumstances after the crime, etc. are considered as a condition for sentencing, such as the Defendant’s age, occupation, sex and environment, family relation, motive and consequence of the crime.

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