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(영문) 대구지방법원 서부지원 2015.10.15 2015고단1316
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 August 17, 2015, the Defendant escaped around 1.5km in front of the Seogu Seo-gu C, when driving a ecoos vehicle B in a drinking state while disregarding the order of suspension of the auxiliary police company that is under drinking control, and even around 1.5km in front of the D in Daegu-gu.

Accordingly, the police officer F (the age of 27) belonging to the Daegu Western Police Station E, driven the patrol vehicle and driven the Defendant's vehicle, the Defendant set up and escaped a car in front of the Seo-gu Seo-gu Seoul Special Metropolitan City CD at around 21:25 on the same day, and the Defendant assaulted the above F F F's breast part by tight hand with the defect that the F is trying to continue to arrest, and assaulted the said F's breast part by tight hand, "mara, fiff dead," and threatened the knife of plastic material on the street, and continuously interfered with the legitimate execution of duties concerning traffic control by the police officer.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes on investigation reporting;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., the confession of a criminal act, reflectment, the fact that a victimized police officer is not punishable, the defendant has no record of criminal records and punishment exceeding the same criminal records and fine);

1. Article 62-2 of the Criminal Act to provide community service or attend lectures;

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