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(영문) 대구지방법원 서부지원 2020.02.05 2019고단2114

공무집행방해등

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

[2019 Highest 2114] The Defendant, around 00 00:20 on August 6, 2019, exceeded and returned from the road near the East Administrative Welfare Center in the Dogdong-ro 77, Seogu, Seogu, Daegu.

B started to prevent the vehicle from being operated by B, and B reported to the effect that “A person under the influence of alcohol returns to the road while on the road” in 112.

Since then, the defendant was asked D from the slope D belonging to the Seongbuk Police Station C District Department, who was dispatched to the site, about the circumstances of the case, "Choh" refers to "Phoh" that he was able to ask D about the face of D and chests.

Accordingly, the defendant assaulted police officers, thereby obstructing police officers from performing their legitimate duties in relation to the handling of 112 reported duties.

[2019 order3686] The Defendant had a relation between June 2019 and October 2019 with the victim E (n, 22 years of age).

At around 02:10 on November 2, 2019, the Defendant: (a) sent the victim to the sprinked vehicle owned by the Defendant with “G” located in the Daegu Suwon-gu F; (b) served the victim on the sprinked vehicle on which he was parked; and (c) served the victim on the ground that the victim was in custody of clothes that he was in the sprinked, “the victim was flaged by the disclosure of the other spice,” and assaulted the victim by her hand.

Summary of Evidence

[2019 Highest 2114]

1. Defendant's legal statement;

1. Statement made to D by the police;

1. B written statements;

1. A copy of the 112 reported case processing list, and a copy of the work log [2019 order3686];

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of the investigation report (the confirmation of CCTV for crime-prevention and CCTV inside convenience stores)-related Acts and subordinate statutes;

1. Relevant Article 136(1) of the Criminal Act, Article 260(1) of the Criminal Act, and Article 260(1) of the Criminal Act, the choice of imprisonment for a crime

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act for probation and community service order.