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Reasons
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(영문) 대구지방법원 2016.05.13 2016고단1213
공무집행방해
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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 January 9, 2016, in front of the defendant's house located in Daegu Suwon-gu B around 01:15, the police officer D dispatched from the defendant to the defendant's 112 report of the defendant's she was assaulted by the defendant, and confirmed the circumstances of the case against the above C, etc., the defendant also was assaulted by the above C.

Claimant, the above D demanded the above C to go to the police station and go to the police station.

Therefore, it is inappropriate for the above D to refuse to investigate a minor on the ground that it would result in a subsequent investigation by the defendant, and the defendant sent a mobile phone to a police officer in the name of the defendant by walking the phone in 112, and put the mobile phone on the floor, and the part of the mobile phone was in line with the above D's bridge, and caused the chest of the above D by hand twice.

Accordingly, the Defendant interfered with the legitimate execution of duties concerning the handling of 112 reported cases by assaulting police officers.

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 concerning C in a protocol concerning the examination of suspect of the police;

1. Statement made in the police statement protocol with D;

1. Application of Acts and subordinate statutes stated in the 112 Report-Related Department;

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. The reason for sentencing under Article 62(1) of the Criminal Act (see, e.g., Supreme Court Decision 62(1) of the Suspension of Execution (see, e.g., Supreme Court Decision 2009Da14448, Apr. 1, 2009) (see, e.g., Supreme Court Decision 2009Da1548, Apr. 2, 2009) (see, e.g., Supreme Court Decision 2009Da14899, Apr. 2, 2009)) (see, e.g., Supreme Court Decision 2009Da11838, Apr. 2, 2009))) (see, e.g., Supreme Court Decision 2009Da1124

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