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(영문) 대구지방법원 서부지원 2019.08.08 2018고단3652
공무집행방해
Text

A defendant shall be punished by imprisonment for six 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

【Criminal Power】 On May 22, 2019, the Defendant was sentenced to imprisonment with prison labor for eight months for violating the Act on Special Cases concerning the Settlement of Traffic Accidents at the Seo-gu District Court’s Branch Branch, etc., and the said judgment became final and conclusive on May 30, 2019.

【Criminal Facts of Crimes】 On October 26, 2018, the Defendant reported on October 22:55, 2018 to the effect that 112 was “the police officer, who was drunk, takes charge of delivery” in front of the Daegu Seo-gu, Seogu, Daegu, and called the Defendant at the time of the Defendant’s face, etc. with the left-hand hand, etc., when the police officer D, who was called up, takes a bath without any justifiable reason during the process of taking the Defendant’s personal attack and taking the Defendant’s personal attack.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the prevention and investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. The investigation report (number 1);

1. Previous records of judgment: Criminal records, investigation reports (Confirmation of whether a crime was committed before the final judgment), and application of statutes governing the judgment;

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Article 62 (1) of the Criminal Act suspended execution (see, e.g., Article 62 (1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) (the crime of this case is in a concurrent relationship between the crime of violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents and the latter part of Article 37 of the Criminal Act and Article 37 of the Criminal Act, taking into account the following: (a) the defendant's detention appears to entail excessive difficulty to his/her family members, such as that the defendant acknowledges the crime of this case; (b) the defendant supporting two children who are currently his/her spouse and children; and (c) the defendant's spouse

1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;

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