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(영문) 대구지방법원 서부지원 2019.06.04 2018고단2696

공무집행방해

Text

A defendant shall be punished by imprisonment for six 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 September 14, 2018, at around 03:25, the Defendant reported the occurrence of a traffic accident in front of a restaurant located in Seo-gu, Daegu and reported 112 on September 14, 2018, and sent to the police station C District of Daegu and Seo-gu, Police Station C District at the time of the Defendant’s taking the face of the police officer at one time by hand on the right hand while taking a bath to check the occurrence of the traffic accident, etc.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the prevention and investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and D;

1. Application of statutes governing the place of work;

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. In light of the fact that the crime of obstructing the legitimate execution of official duties on the grounds of sentencing under Article 62(1) of the Criminal Act is bad in the nature of the crime, and the crime of this case is committed against two police officers, and the degree of the crime is serious, it is necessary to punish the defendant with strict punishment.

However, in full view of all the circumstances, including the following: (a) the Defendant recognized his mistake; (b) the Defendant did not repeat the offense; and (c) the Defendant resisted that he would be in good faith; (d) the Defendant did not have a same criminal record and did not have any criminal record exceeding the fine (applicable only to a fine for this kind of punishment); (b) the economic situation is difficult; (c) a judgment is rendered as a serious person; (d) the degree of damage; (e) the process of the offense; (e) the degree of the offense; (g) the circumstances after the