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(영문) 대구지방법원 포항지원 2019.06.26 2019고단564

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 January 21, 2019, at around 05:45, the Defendant demanded D to open a door before the opening of the door in front of the entrance of the bank of North Korea, the Defendant used a slope F, a police box affiliated with the police station of the port of call called to the site after receiving a report of D- 112 from D, and used it for G to return home to the Defendant, and used “I am out of the house, I am out of the house,” and “I am out of the house, I am out of the house, I am out of the house,” and “I am son of the slope F am in hand, I am back by hand, and assaulted F am with a f’s chest, scambling, dump, spinging the bridge, ske, etc.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. Application of investigation report (a photograph of the damaged part of the body breath of the victim concerned with obstruction of performance of official duties), investigation report (a copy of the work site, etc.);

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

1. The reason for sentencing of Article 62(1) of the Criminal Code of the Suspension of Execution [Scope of Recommendation] There is no person who has the basic sphere (6-1-6 months) (6-1-6 months) of the obstruction of performance of official duties [decision of sentence] In light of the background and method of the crime of this case, etc., the sentence of sentence shall be determined as ordered in consideration of the circumstances favorable to the defendant's erroneous judgment, and considering the favorable circumstances, such as the defendant's age, character and behavior, motive of the crime, and circumstances after the crime, etc., in consideration of all the circumstances shown in the arguments of this case such as the defendant's age, character and behavior, motive of the crime.