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(영문) 대구지방법원 서부지원 2019.10.16 2019고단352

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

At around 23:55 on January 24, 2019, the Defendant: (a) expressed the Defendant’s desire to “C” located in the Seogu Daegu-gu Office B; (b) “Is any female guest,” and “Is up to the floor” at the police box of the Seongbuk Police Station D, which called “Isle to the spirit,” and (c) expressed the Defendant’s desire to “Isle to the seat, Isle to the governance, Isle to the above E’s body,” and continued to stop this, and assaulted the Defendant with the face and body of the above E’s body.

Accordingly, the defendant interfered with legitimate execution of duties concerning 112 reporting processing affairs.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written statement;

1. Application of Acts and subordinate statutes to the 112 Reporting and Handling Decrees, and the service day of a police box;

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

1. The grounds for sentencing under Article 62(1) of the Criminal Act for the suspended sentence are as follows: (a) the act of assaulting a police officer and obstructing the performance of his duties is in need of strict punishment; and (b) the defendant has a record of having been punished by a fine once for the same kind of crime in the past; (c) although there are circumstances unfavorable to the defendant, the fact that the defendant has been recognized and divided; (d) the defendant is a intellectual disabled person; and (e) the defendant's age, character and behavior, environment, family relationship, means and result of the crime; and (e) the various conditions of sentencing specified in the records