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(영문) 대구지방법원 경주지원 2018.05.02 2018고단85

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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 19, 2018, the Defendant sent to the site after receiving the Defendant’s 112 report stating that “A vehicle with low price was stolen” on the road front of the racing on January 19, 2018, and discovered the highest driver’s license, from E, the police officer of the Police Station, who belongs to the Police Station, for the racing and Police Station, to which the Defendant “A vehicle is located;

It shall not be free from any false report.

B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. “E bitch friend,” the right eye of the said E in drinking.

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. Statement made by the police for E;

1. A report on internal investigation (such as a victim's internal photo, etc.), a photograph of a damaged public official, and a report on internal investigation (the status of the N48 scene reported 112);

1. Application of the Acts and subordinate statutes on the date of service of the police box for investigation report (a place where the police box is assigned and a certificate of evidence of public official);

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 Criminal Act of the suspended sentence [the scope of recommendation] The reason for sentencing under Article 62(1) of the Criminal Act is the case where the degree of interference with the execution of official duties is minor (one month to eight months) in the mitigation area (one month and August), [the special mitigated person] in the event that the degree of violence, intimidation, deceptive scheme, or obstruction of official duties is minor (the decision of sentencing] below the following circumstances and other conditions of sentencing as shown in the records, such as the defendant's age, occupation, sex, family relationship, conditions before and after the crime, etc.

Unfavorable circumstances: The defendant has a lot of criminal history of different types of crimes.

It is not good that the police officers in the performance of official duties have expressed desire and assault several times and have committed violence.

Police officers who have been assaulted wanted to punish the defendant.

The defendant recognized his mistake and reflects his mistake.

The extent of damage caused by violence shall not be severe.