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(영문) 대구지방법원 2016.11.10 2016고단4416
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 September 16, 2016, at around 03:27, the Defendant: (a) received a request to return home from a slope D belonging to the police box of the Gyeongsan Police Station dispatched upon receipt of a 112 report; (b) stated that “I am fry,” “I am the same bit of bitch, bitch of bitch of the Marine Corps, I am the same bitch of the bitch of the Marine Corps; and (c) assaulted the Defendant, “I am part of the Marine Corps, I am the bit of bitch of the Marine Corps, I am the face of D twice, and I am the right side of D once.”

Accordingly, the defendant interfered with the legitimate execution of duties by police officers concerning 112 reporting duties.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Photographs;

1. Application of Acts and subordinate statutes to investigation reports (attaching work place, etc.);

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for the sentencing of Article 62-2 of the Probation Criminal Act [Scope of Recommendation] : The basic area (six months to one year and four months) of obstruction of performance of official duties (the person who has been specially punished) (the decision of sentence] (the person who has been specially punished): there are several criminal records against the defendant, including criminal records of the same kind.

The defendant is against the principle of good faith.

In addition, the sentencing conditions specified in the trial process of this case, such as the defendant's age, character and conduct, environment, motive and background of the crime, means and consequence of the crime, and circumstances after the crime, etc., shall be determined as ordered and the probation shall be ordered together to prevent recidivism.

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