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(영문) 대구지방법원 서부지원 2020.02.13 2019고단2522

공무집행방해

Text

A defendant shall be punished by imprisonment for not less than five months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

피고인은 2019. 9. 15. 04:35경 대구 달서구 B에 있는 'C' 주점 앞 노상에서 주차된 차량을 발로 찼다.

Therefore, when the circumstances, E, etc. belonging to the Seongbuk Police Station D District Team, who was dispatched to the scene by a report of 112 persons who was the driver of a vehicle, demanded the Defendant to produce identification cards in order to take a disposition of notification as a drinking disturbance, the Defendant expressed to E “I see, see this dog, fright, fright, fright, bitch, bitch, bitch bitch, bitch bitch,” and expressed to E, “I am the right part of E’s body.”

Accordingly, the defendant assaulted police officers to interfere with the legitimate execution of duties of police officers in relation to the handling of 112 reported duties.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of the Act and subordinate statutes to the investigation report (No. 4,6)

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., Article 62 (1) of the Criminal Act that the defendant acknowledges the crime of this case and does not repeat again, and that the defendant has no record of being punished for the same violation or of being heavier than a fine);