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(영문) 대구지방법원 서부지원 2015.03.20 2014고단1898

공무집행방해등

Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

On December 9, 2014, at around 03:13, the Defendant reported 112 to the effect that “a person engaged in sexual traffic at a business establishment,” under the influence of alcohol in E located in Daegu-gun D.

The Defendant: (a) confirmed the report process by G and H, a police officer affiliated with the F police box of the achieved Police Station, who was called upon the above report; (b) took a bath to “this spaws”, etc.; and (c) took her hand over two times, she took a bath to her chest, and she took a check from G; and (d) took a bath to her spaws, etc., and assaulted her face on one occasion.

As a result, the Defendant interfered with the legitimate performance of duties by police officers concerning the handling of 112 reported cases, and destroyed the repair cost of approximately KRW 200,000 by lowering the safety of the victim G to the floor.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of H and G;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Articles 136 (1) and 366 of the Criminal Act concerning the facts constituting the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (i.e., confession, reflectivity, the degree of damage not much severe, and the agreement with the victimized police officers);

1. Social service order under Article 62-2 of the Criminal Act;