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(영문) 대구지방법원 2016.08.18 2016고단2365
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

1. On April 28, 2016, the Defendant is being wraped with the six-story of C model C in Sacheon-si B, and with the male who is under the influence of alcohol.

'The 112 report of ‘Sacheon Police Station' was sent to the Police Team E, etc., and the elevator was removed from the D Zone E, etc., and the above E was pushed down with both hand and assaulted by the left hand with the left hand.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the handling of 112 reported duties.

2. On April 28, 2016, around 22:50, the Defendant assaulted the face of the above E one time with the left hand at the Defendant’s request that he want to take up the lock and take up the lock in the future, when he was arrested and detained as a current offender under suspicion of interference with the performance of official duties, such as the statement in paragraph 1, at the D District of Sacheon Police Station D (F) in Sacheon-si, Sacheon-si.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers related to criminal investigation.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to written E;

1. Relevant provisions of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for the sentencing of Article 62-2 of the Criminal Act for the observation of protection and the sentencing of Article 62-2 of the Criminal Act (the scope of the punishment for recommendation / [the scope of the punishment for recommendation / [the scope of the punishment for recommendation / No person with no special sentencing / [ June 1 to 4] of the basic area (the scope of the recommended punishment ] / [the scope of the punishment for recommendation / January 1 to 8] of the mitigation area (the scope of the punishment / the person with special mitigation ] where the degree of assault, intimidation, and deceptive means is minor, the scope of the final sentence due to the aggravation of multiple crimes: June to 1 year / 8 [the sentence] as shown below, and the sentencing conditions indicated in the records of this case, such as the age, sex, family relation, family environment, motive and means of the crime, etc., shall be taken into consideration.

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