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(영문) 대구지방법원 2018.09.21 2018고단3407

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

1. On June 26, 2018, at around 01:32, the Defendant reported at the “D Singing practice hall” located in Daegu-gu, Daegu-si, that the Defendant was suffering from disturbance, and was dispatched to the site by the police box F of the Southern Police Station Epis, who was urged to return home from the police box F of the Southern Police Station affiliated with the police box at which the Defendant was called at the site, and took a bath to the F, and when the Defendant took a bath for returning home, the Defendant saw the chest part of the Defendant’s chest f on one occasion for drinking, and she took one time for drinking.

2. On June 26, 2018, the Defendant was arrested as flagrant offenders under suspicion of interference with the performance of official duties due to the above act. On June 26, 2018, the Defendant heard the horses that followed H’s control in the process of being escorted to a hold of attracting a police station located in the Gangseo-gu, Daegu-gu, Suwon-gu, Suwon Police Station G, and met at one time, the chest part of H’s chest.

Accordingly, the Defendant interfered with the legitimate performance of duties concerning the handling of reported cases and the escort of custody of police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and H:

1. Investigation report (the details of and the details of attachment of CCTV video data installed inside or outside of a DNA singing practice room), investigation report (the details of CCTV video data perusal and attachment details in a detention room in a multiple shot book) and the application of statutes to the investigation report;

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 Criminal Act is that the Defendant, while under the influence of alcohol, assaults police officers without any particular reason, thereby disregarding the public authority and law.

However, considering the fact that the defendant's damage caused by the crime of this case is minor, that there is no criminal record like the defendant, that there is no criminal record exceeding the fine, and that there is no criminal record in favor of 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.