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(영문) 대구지방법원 2018.04.13 2018고단814

공무집행방해

Text

A defendant shall be punished by imprisonment for four 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 January 24, 2018, the Defendant assaulted D’s chest part of the body with the finger hand by having reported that “I am home,” “I am home,” which was sent to the scene on the front of Daegu Suwon-gu B, Daegu Suwon-gu, 2012, and requested D to leave home, the circumstances belonging to the Daegu Suwon-gu Police Station C district unit of the police station, which called “I am home,” and “I am back to the Defendant.”

Accordingly, the defendant interfered with the legitimate execution of the police officer's duty on the 112 Report.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

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

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 Act on the Suspension of Execution is that the Defendant committed an assault against a police officer without any particular reason under the influence of alcohol.

However, the defendant's damage caused by the crime of this case is minor, and the defendant's violation of the Road Traffic Act is punished by a fine of KRW 500,000 due to the violation of the Road Traffic Act in 199, considering the favorable circumstances that there is no other criminal record.

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.