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(영문) 대구지방법원 2019.07.11 2019고단2072

공무집행방해

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On January 22, 2019, at around 23:40, the Defendant: (a) went off from the C’s age club located in Daegu Suwon-gu B; and (b) her friend friend friend friend friend friend friend friend friend friend friend friend friend friend, upon receipt of a report 112 report and received a check from E who belongs to the D District Unit of the Daegu Water Police Station D District friend friend friend friend E.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in relation to the prevention, suppression and investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes on the place of work in the D District;

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

1. The reasons for sentencing under Article 62(1) of the Criminal Act in the suspension of execution are as follows: (a) the Defendant expressed a desire to a police officer dispatched under the influence of alcohol; and (b) the Defendant interfered with the legitimate performance of official duties by drinking alcohol.

However, the sentencing conditions specified in the records of this case, such as the Defendant’s age, character and conduct, home environment, and circumstances before and after the crime, are taken into consideration in light of the following: the Defendant’s recognition of the crime, the degree of violence is not heavier than that of the Defendant, and the victim police officers seek the Defendant’s preference.