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(영문) 대구지방법원 상주지원 2019.09.03 2018고단406

공무집행방해

Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 19, 2018, the Defendant: (a) on the street in front of the restaurant “C” located in B at a permanent address on November 18:51, 2018; (b) sought to present an identification card from the circumstances E, etc. belonging to the D District of the resident police station called out after receiving a report from the Defendant on the said restaurant; and (c) sought to give the above E, “the Defendant shall do so, for example, to sprink, to sprink, to sprink, to sprink, to sprink, to sprink, to sprink, to sprink, and to spice on the ground of drinking.”

Accordingly, the defendant assaulted E and interfered with the legitimate execution of duties by police officers concerning handling reports 112.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. CD, CCTV 녹화영상켭쳐사진 법령의 적용

1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts;

1. Selection of imprisonment with prison labor chosen;

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that the degree of violence or obstruction of public service is insignificant, that there is a violence committed, that there is no criminal record of suspended execution or more);