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(영문) 대구지방법원 2017.01.12 2016고단5830
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 7, 2016, around 19:20, the Defendant: (a) committed assault and assault against the second floor platform of the 14 subway-gu, Daegu-gu, Daegu-gu, 2016, by blocking the career of the two-story C without any reason; and (b) thereby arrested the Defendant as the current offender of the crime of assault.

On November 7, 2016, the Defendant was requested to leave the patrol vehicle from E at the parking lot of the 2475 Daegu Suwon Police Station, which was located in the 2475 Daegu Suwon Police Station, and was in the absence of the patrol vehicle from E at the seat of the said police officer, and was nearest to the police officer in order to persuade the Defendant.

As a result, the Defendant inflicted an injury on the victim, such as chrofs, tensions, etc. requiring treatment for about 14 days, and at the same time interfered with the police officers' legitimate performance of their duties concerning the handling of reported cases and the arrest of flagrant offenders.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. C’s statement;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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 257(1) of the Criminal Act;

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

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Article 62(1) of the suspended sentence under the Criminal Act is that the defendant interfered with the performance of official duties and thereby, the nature of the crime is poor. However, the recognition of the crime in this case and reflects the mistake in depth, it is a contingent crime under the influence of alcohol, and the degree of injury is relatively minor, and all other conditions of sentencing including the defendant's age, sex behavior, environment, motive and circumstance of the crime, and circumstances after the crime are determined as ordered.

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