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(영문) 대구지방법원 안동지원 2016.04.22 2016고단35
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 15, 2015, the Defendant reported that the Defendant did not pay the drinking value after drinking alcohol within C’s main points in permanent residence B around 00:46 on December 15, 2015, and received 112 a notification and recommended the Defendant to return home from D’s affiliated districts of the permanent police station D’s station, E, E, and E, and E, the Defendant reported that the Defendant taken the drinking-site photographs.

After calculating the drinking value, the term “the foregoing F shall be deemed to be a dogbation, fling a bath to the above F, putting the bath to the above E who refrains from doing so, putting the bath to the dogbation, and booming the ebbbbling with his hand, and assaulting the above E in his hand.

As a result, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement prepared by G;

1. Application of statutes governing the place of work;

1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The main sentence of Article 62 (1) of the Criminal Act (the following extenuating circumstances in favor of the reasons for sentencing);

1. The Defendant, on the grounds of sentencing under Article 62-2(1) of the Criminal Act, has been punished as a crime of interference with the performance of official duties, and at the same time, commits the same kind of crime is an unfavorable sentencing element against the Defendant.

However, the extent of the assault committed by the defendant was not so serious that it substantially interferes with the execution of official duties, and it is now recognized that the mistake is recognized and against it.

In addition, the sentencing conditions specified in the arguments of this case, such as the defendant's age, sex, environment, family relationship, and circumstances after the crime, shall be determined as the order. Since there are extenuating circumstances in light of the circumstances, the execution of a sentence shall be suspended on condition of protection observation and community service.

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