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(영문) 대구지방법원 포항지원 2019.08.14 2019고단735
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 March 18, 2019, at around 01:55, the Defendant: (a) 01:55, on the road in front of the “Ccafeteria” of the port north-gu B; (b) when the slope E belonging to the Ponding Police Station of the Ponding Police Station of the Ponding Police Station called out after having reported that the Defendant 112 was frighting, the Defendant saw the Defendant to fright his her her her wore, “I wore this wore,” and assaulted the said police officer on one occasion the left her hand of the said police officer.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the E, F, and G;

1. A victim's photograph, a caps photograph, and CCTV CD;

1. Application of Acts and subordinate statutes to investigation reports (verification of video CDs);

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

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] There is no person who has the basic sphere (6-1-6 months) of the obstruction of performance of official duties (6-1-6 months), [decision of sentence] In light of the circumstances leading to the instant crime and the degree of damage, etc., consideration shall be given to the disadvantage that the quality of the crime was inferior in light of the circumstances leading up to the instant crime and the degree of damage. Considering the favorable circumstances, consideration shall be given to the fact that the Defendant was the initial offender, and that the Defendant’s health is deemed not good, as well as to the circumstances shown in the instant argument, such as the Defendant’s age, character and conduct, motive for the crime,

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