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(영문) 대구지방법원 포항지원 2015.08.26 2015고단571

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 June 19, 2015, at around 02:10 on June 19, 2015, the Defendant: (a) received a report from 112 that he was under the influence of alcohol in the front of the building south-gu B; and (b) received the notification from 112, the police officers who were urged to return home from Da and the police officers of the Gyeongbuk-gu Police Station C Zone C District of the Gyeongbuk-gu Police Station: (c) provided the said police officers to “I am, I am, I am, I am to pay taxes; (d) interfere with the operation by expectationing the back of the patrol to start, and (e) interfered with the operation of the patrol, and (e) asked the said D to “I am, I am,” and (e) am the back glass part of the patrol with drinking twice, and (e) am the chest of the said D.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning 112 report processing.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

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 (Article 62 (1) of the Criminal Act (the crime of this case is committed to police officers who lawfully perform official duties, and the nature of the crime is not good, and there are several records of criminal punishment for the defendant in relation to the act of violence, etc. against the disadvantage of the defendant, such as the confession of the crime by the defendant, and there is no record of committing the same crime)

1. Social service order under Article 62-2 of the Criminal Act;