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(영문) 대구지방법원 서부지원 2021.01.27 2020고단2928

공무집행방해

Text

A defendant shall be punished by imprisonment for not less than eight 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 June 23, 2020, around 00:05, the Defendant filed a 112 report while engaging in a dispute with a taxi engineer on the front side of the Daegu-gu apartment complex B, Daegu-gu apartment. On June 23, 2020, the Defendant provided guidance to the effect that the fare claimed by a slope D belonging to the Daegu-gu Police Station C District of the police station, which was called upon receiving the above report, can file a civil petition for the Daegu-gu viewing, and the Defendant returned the taxi engineer first of all, while putting the cigarette butts that were being driven on the floor while referring to “CBS.”

As such, upon receiving a request from the police officer slopeD for drinking away cigarette butts, the Defendant spited on the floor to put the cigarette butts into his own entrance, and used spits together with spiting off the left side of the D.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

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

1. Article 62 (1) of the Criminal Act (including the fact that a person commits a misunderstanding and has no same military force) in the suspension of execution;