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(영문) 대구지방법원 2017.06.22 2016고단2654
공무집행방해등
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

1. On November 29, 2015, the Defendant insultingd the victim E, a police officer belonging to the police unit D District of the Daegu Suwon-gu Police Station, who was dispatched after receiving 112 a report that he/she had the business owner and employees of the said main office at C main office located in Daegu Suwon-gu B2, Daegu-gu, 2015. The Defendant expressed the victim’s desire to “a civilian stick is inside the weak, listen to the snow of the opening and the snow of the opening.” The victim F, a police officer belonging to the same police station, who publicly insultd the victim, by “Is sick, not the stick of the public, but the opening.”

2. The Defendant obstructed the performance of official duties at the time, time, and place specified in paragraph 1, and on the ground that the police officer, etc., who called up as above, told the Defendant to confirm the circumstances leading up to the failure to pay the drinking value and to pay the drinking value to the Defendant, the Defendant committed an act like spiting the snow of the above E due to fingers, and assaulted the F of the above police officer, who prevented him from doing so.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of each police statement protocol to G, F, and E;

1. Article 136(1) of the Criminal Act applicable to the facts constituting an offense (the point of obstructing the performance of official duties) and Article 311 of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence 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. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution (hereinafter, taking into account the following favorable circumstances of the reasons for sentencing): The nature of the offense is not somewhat weak, such as the Defendant’s abusiveing the police officers, leading them to assault. A favorable circumstance that is not agreed with the victims regarding the insult is that the Defendant led to a confession and reflect on the offense. The Defendant has no specific history of punishment exceeding the same criminal record and fine.

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