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(영문) 대구지방법원 2020.01.22 2019고단3887

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

except that 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 July 12, 2019, the Defendant was under the influence of alcohol in front of the Daegu Northern District B, Daegu Northern District on the ground that the slopeD belonging to the Daegu Northern Police Station C District, which was called upon the Defendant, was fluored by the Defendant, for the reasons that “inwards are the Republic of Korea, and the head of the house is the Republic of Korea, the day he will collapse, the day he will collapse, and the fluor, and the fluor, the fluor of the D’s chest, and the fluor, the fluor of which was fluored by the Defendant on the ground that he was under the influence of alcohol in front of the glusium B.

Accordingly, the defendant interfered with legitimate execution of duties concerning the protection of police officers' lives, bodies and property, prevention, suppression and investigation of crimes.

Summary of Evidence

1. Partial statement of the defendant;

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

1. Statement of D police statement;

1. Each investigation report (the defendant and his defense counsel asserted to the effect that "the defendant was under the influence of alcohol at the time of the crime in this case, and there was a state of mental or physical disability." According to the above evidence, the defendant is recognized as being in a state of drinking at the time of the crime, but it is difficult to view that the defendant was in a state of mental or physical disability, and it is difficult to view that the above argument

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

1. The crime of this case on the grounds of suspended sentence under Article 62(1) of the Criminal Act is a crime committed by a defendant by assaulting a police officer to obstruct the performance of official duties, taking into account the grounds for sentencing that are disadvantageous to that of the crime, and considering the fact that the defendant reasonably led to the confession of the crime, and the fact that the defendant has no criminal power in the same kind, the sentence like