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(영문) 대구지방법원 2019.03.14 2018고단6040

공무집행방해

Text

A defendant shall be punished by imprisonment for six 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

On December 5, 2018, at around 04:05, the Defendant was urged to return home from a police box of the Daegu Southern-gu Police Station C police station, who was dispatched to the site after receiving a report from 112 that the Defendant, who was under the influence of alcohol, is enjoying the password of the remaining house, in front of the Daegu-gu B building.

After that, the Defendant: (a) obstructed police officers’ legitimate performance of duties in regard to the handling of 112 Report Report Report by assaulting D’s lower part of D’s 112 Report on the ground that D’s failure to embark on the patrol vehicle to return to the patrol vehicle, she fell off the patrol vehicle according to D’s defect; (b) obstructed the police officers’ failure to perform their duties on the handling of 112 Report.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling List;

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

1. The criteria for the sentencing of the reasons for the suspended sentence under Article 62(1) of the Criminal Act [the scope of recommendations] the sentencing of the reasons for the suspended sentence under Article 62(1) of the Criminal Act shall be determined by comprehensively taking into account the following conditions, such as the sentence of the sentence of the first category (in the case of obstruction of performance of official duties/performance of official duties) and the age, occupation, occupation, character and conduct of the accused, family relationship, and circumstances before

- The obstruction of performance of official duties has no record of being punished for other crimes except for those subject to punishment of a fine on one occasion for violation of the Road Traffic Act, 2016, as long as there is a need to strictly punish a crime that undermines the legitimate exercise of public authority and impairing the function of the State.