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(영문) 대구지방법원 포항지원 2019.01.09 2018고단1401

공무집행방해

Text

A defendant shall be punished by imprisonment 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 October 11, 2018, the Defendant: (a) 15:42, 15:42, the Defendant: (b) expressed that he would drink from the outside of the Cda bank located in the Northern-gu B at the port; and (c) received a recommendation to return home from E in the process of carrying out the police box belonging to the Port and Police Station of the Port and Police Station of the Republic of Korea called upon receipt of a report by the Defendant; (d) committed assault by the Defendant, on his hand, by carrying out a bath, such as “dice, drinking, flag, and flag, this flag”; and (e) flaging the instant E’s left arms.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Application of the 112 Reporting List and the statutes governing the place of work;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act on the suspended sentence [Scope of Recommendation] Where the scope of mitigation area of obstruction of performance of official duties (one to eight months) [Special Mitigation] [Determination of sentence] assault, intimidation, deceptive scheme, or obstruction of official business is minor [Determination of sentence] under the circumstances unfavorable to the defendant, the degree of assault is relatively minor, there is no penalty exceeding a fine, there is no penalty power exceeding a fine, and considering the favorable circumstances favorable to the defendant's mistake, and taking into account all the circumstances shown in the arguments in the instant case, such as the defendant's age, character and conduct, motive of the crime, and circumstances after the crime.