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(영문) 대구지방법원 서부지원 2017.02.09 2016고단2869
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 22, 2016, 2016, the Defendant was urged to return home from the police officer F (V, 22 years old) belonging to the 4 team of the police box sent to the site after receiving a report 112 that “I am out of the disturbance.”

“Absing the above police officer,” and having continued to be called “Absing the police officer of the same team,” and “I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am.”

The Defendant, who was on the floor of the Defendant, who was recommended by the above police officers to continuously return back to Korea, was able to keep the knives of Sheet F’s shoulder at once, and was informed by the above police officers that the police officers would be arrested as a current criminal interfering with the performance of official duties even though he was informed by the police officers that the police officers would assault the F F’s chest at once. As such, the Defendant threatened the above F’s chest at his hand, who was f’s breast.

Accordingly, the Defendant interfered with the legitimate performance of official duties by the police officer on the handling of the 112 reported case.

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 each investigation report (No. 3 and 4)

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

1. Article 62 (1) of the Criminal Act suspended execution (see, e.g., Article 62 (1) of the Criminal Act (i., the confession of a crime and the attitude against a police officer, the degree of assault against a police officer is relatively minor, and the defendant was detained for about 50 days in the instant case and has the time to reflect);

1. Protection and observation, community service and order to attend lectures under Article 62-2 of the Criminal Act;

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