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(영문) 대구지방법원 서부지원 2019.05.16 2018고단2687
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

At around 21:50 on April 6, 2018, the Defendant was taking a bath without paying a fee to a substitute driver in front of the Seo-gu B apartment court guard room in Daegu, Seogu, Daegu, and the Defendant returned home to the guard room in order to identify the Defendant’s domicile, sent back to the guard room in front of the police box D and the police box belonging to the Taegu Police Station, which was called upon 112 after receiving the report, and sent back to the guard room in front of the defect, by hand, the Defendant was able to cut off the above Eul’s arms that the Defendant was pushed back to the guard room in order to check the Defendant’s domicile, and returned to the patrol, and prevented the Defendant from getting out of the patrol box by putting the arms of the said D.

As a result, the Defendant interfered with the legitimate execution of duties of police officers in regard to the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and D;

1. Application of Acts and subordinate statutes to investigation reports (to hear the statements of CCTVs and security guards at the site), investigation reports (to make statements of proxy engineers), and investigation reports (to hear statements by police officers suffering damage);

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. In order to establish the legal order of the country with reason for sentencing under Article 62(1) of the Criminal Act and eradicate the light of the public authority, there is a need to strictly punish the crime of obstruction of performance of official duties, and the Defendant’s use of violence against two police officers is disadvantageous.

However, considering the fact that the defendant led to the crime of this case, the degree of damage is relatively minor, and the defendant's age, character and behavior, environment, family relationship, means and result of the crime of this case, and the circumstances after the crime of this case, the punishment as ordered shall be determined in light of all the sentencing conditions shown in the arguments of this case.

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