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(영문) 대구지방법원 2017.06.30 2017고단1917
공무집행방해등
Text

A defendant shall be punished by imprisonment for four 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 March 15, 2017, the Defendant: (a) was under the influence of alcohol on the roads front of the TBC broadcasting station located in Daegu Suwon-gu, Daegu-gu; (b) was requested to present an identification card to regulate by the traffic of the Daegu Suwon Police Station that controls traffic at the same time; and (c) was requested by the police officer who is a public official of the C (31 tax) to the said D, and the Defendant did not “I am Mae, I am. I do not know this.”

Maibri

“In doing the bath, I laid the eye of the above D with fingers, and re-conscept the face of the D with the hand floor, I reviewed the above D's face for about six (6) days, and conducted an examination on the face that requires treatment for about six (6) days.

As a result, the defendant interfered with legitimate execution of duties of police officers on traffic control and prevention of traffic danger and injury to the above D at the same time.

Summary of Evidence

1. Statement by the defendant on the second public trial date;

1. Statement of the police suspect interrogation protocol against the accused;

1. Statement in each police statement made to D or E;

1. Application of Acts and subordinate statutes written diagnosis of injury;

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 Criminal Act (see, e.g., favorable sentencing conditions among the reasons for sentencing) of the suspended sentence (see, e.g., Article 62(1) of the Criminal Act) was that the Defendant did not make efforts to recover damage even though he/she assaulted the police officer

A sentence more severe than a fine shall be imposed on the defendant in consideration of the fact that the defendant's petition does not seem to be contradictory to the petition.

However, it does not seem that the degree of assault or injury inflicted by the defendant is very serious, and the injury inflicted on the police officer is caused by the defendant's booming process, and the defendant intentionally attempts to see the snow of the police officer.

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