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(영문) 대구지방법원 2019.02.14 2018고단5100

공무집행방해

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, 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 November 7, 2018, the Defendant assaulted a police officer’s legitimate performance of duties regarding the handling of the 112 reported report, on the top of the Cncheon-si B on November 7, 2018, the Defendant: (a) in front of the Cncheon-si B; and (b) in front of the Cncheon-si B, the Defendant received a report of 112 that the Defendant avoided disturbance; and (c) in his hand, received a recommendation for returning home from E to the scene; and (d) was flicking a

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to E by the police;

1. 112 Reporting case handling table;

1. Application of investigation reports (verification of visual CCTV images)-related Acts and subordinate statutes;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the defendant is under the suspension of the execution of imprisonment with prison labor due to a special injury crime, and thus, the degree of criticism is high.

However, the fact that the defendant recognizes the crime of this case and is against depth, there is no record of punishment for the same kind of crime, and the degree of violence is not severe, etc., the defendant's age, character and conduct, environment, circumstances before and after the crime of this case shall be determined as the same as the order.