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(영문) 대구지방법원 2018.01.26 2017고단6605

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On October 20, 2017, the Defendant, on the 1112th floor of Daegu Dong-gu, Daegu-gu, 01:00, asked the Defendant questions about the circumstances of the instant case, and assaulted the Defendant, such as “Chin D’s chest, v. S. L. L. L., L. L. L., L. L., L. L., L., L. L., L., L., L. L., L., L. L., L. L., L., L., L. L., L. L., L., L. L., L., L. L., L., L., L. L., L., L., L.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on handling 112 reports.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to D, E, and F;

1. Application of the G’s written Acts and subordinate statutes;

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

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

1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution should be considered as unfavorable circumstances in light of the fact that the defendant used the police officer who received a report while assaulting his wife under the influence of alcohol and used the police officer without any specific reason. However, there is no criminal history against the defendant, and considering the circumstances favorable to the defendant.

In addition, the circumstances prescribed in Article 51 of the Criminal Act, such as the age, sex, etc. of the defendant, shall be determined as per the order.