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(영문) 대구지방법원 김천지원 2018.04.24 2016고단1802
공무집행방해
Text

A defendant shall be punished by imprisonment for four 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

The Defendant, while having lost the ability to discern things or make decisions, was at the intersection of the Jin-dong High School, which was 75 Do-ro, old-do, 19:00 on October 15, 2016, the Defendant left a boom in the front of the police box affiliated with the police box C of the old-gu Police Station, which was operated by the police box C of the police box affiliated with the police box of the previous U.S., to perform the patrol duty, and the Defendant, upon getting off the patrol from the patrol car, was “hickly d'.

Tyman도요.

As referred to in the foregoing, “I have the impule of Jinc chron chrone” in the form of an article;

Does it be the main thing.

The body of the Party refers to ......... the Party was tightly sealed twice on the line, and his title was cut off on the left part, and assaulted several occasions on the part of the Party.

Accordingly, the defendant interfered with legitimate execution of duties concerning police officers' crime prevention and patrol service.

Summary of Evidence

1. Legal statement of the witness D;

1. A report on internal investigation (in relation to attaching on-site black images and video materials), investigation report (in relation to hearing statements by a witness on-site);

1. Place of work;

1. Photographs (In light of each of the above evidence, at the time of the instant case, D appears to have lawfully performed duties related to crime prevention and patrol by guiding the Defendant to re-intake the string of the strings on the road, etc., and the above D did not exercise violence first against the Defendant.

Therefore, the defendant and his defense counsel's assertion that the above D did not lawfully perform their duties is not accepted).

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

1. Article 10 (2) and (1) and Article 55 (1) 3 of the Criminal Act ( mentally and physically weak persons) of the Criminal Act to be mitigated by law;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. Application of the sentencing criteria [the scope of the recommended punishment] interference with the execution of official duties, and the mitigation area (a period from one month to one month).

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