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(영문) 대구지방법원 경주지원 2018.11.29 2018고단673

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

On August 12, 2018, the Defendant sent to the scene after receiving a report of 112 from a person who is under the influence of alcohol on the road at around 05:40 on August 12, 2018, on the ground that the circumstances leading up to the police box affiliated with the racing police station, the Defendant shouldered the Defendant’s diving.

It is why it is changed to a solitary area.

“I am the desire to see, “I am walking the right end of E at several times, and saw E’s left hand with the hand saw.”

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to a report on investigation (112 confirmation and attachment of a detailed statement of processing a report);

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

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the defendant assaulted a police officer in the course of performing his/her duties to interfere with the legitimate execution of his/her duties.

In the past, there is a record of being punished by a fine due to a violation of official duties.

However, it is against the defendant's acknowledgement of the crime of this case.

The degree of violence against police officers is not too serious.

In addition, the records of this case, such as the defendant's age, sexual conduct, motive and background of the crime, means and consequence of the crime, circumstances after the crime, etc., and the various sentencing factors in the previous theories, shall be comprehensively considered, and the punishment shall be determined as ordered.