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(영문) 대구지방법원 2018.05.04 2018고단1135

공무집행방해등

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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On March 6, 2018, the Defendant received 112 reports among the c'C' in a singing practice place in the name of "C," which is located in G, G, B, and demanded identification from E, who is an employee of a private security business entity at the site upon receiving a report of the above singing practice place in order to obtain the status verification from the circumstances belonging to the D, the Defendant sent to the site. As the Defendant heard, "F, etc., who is an employee of the said private security business entity at the site of the instant singing practice place in receipt of a report of the said singing practice place," the Defendant sent to E “I sprink spice, spice, and bitch bitch bitch bitch bitch bitch bitch bitch bitch.” On the floor of hand, the Defendant took at one time as a hand the left buck of E with E on the floor.

Accordingly, the defendant openly insulting the victim and interfered with legitimate execution of duties concerning the handling of the 112 reported case and the maintenance of public order.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and E;

1. Application of Acts and subordinate statutes to report internal investigation (related to attaching photographs of the body part of the victim E);

1. Relevant Article 136 of the Criminal Act, Articles 136 (1) and 311 of the Criminal Act, and the choice of imprisonment for the crime;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act under the suspended sentence is that the Defendant, while under the influence of alcohol, insulting and assaulted against a police officer without any particular reason, led to disregarding the public authority, and that the Defendant was punished for obstructing the performance of the same kind of official duties and damaging public goods.

However, the defendant's damage caused by the crime of this case seems to be relatively minor, and the defendant's reflectiveness shall be considered in light of the favorable circumstances.

In addition, the circumstances prescribed in Article 51 of the Criminal Act, such as the age, sex, etc. of the defendant, shall be determined as per the order.