(영문) 대구지방법원 2020.02.05 2019고단4774

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 2020.02.05 2019고단4774

공무집행방해

Text

A defendant shall be punished by imprisonment for not less than eight 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 August 7, 2019, at around 23:09, the Defendant: (a) asked questions about the circumstances of the instant case from the head of the police station affiliated with the Daegu Northern Police Station D District, called the Defendant upon receipt of the 112 report, and assaulted twice the head of the said police station E on August 7, 2019, when the Defendant was asked about the circumstances of the instant case from the head of the police station affiliated with the Daegu Northern Police Station D District, and asked him/her to present his/her identification card; (b) took the chest of the said police station E one time in drinking; and (c) assaulted him/her two times in drinking.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in relation to the prevention, suppression and investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning E and F;

1. Place of service;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling Table;

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

1. The crime of this case on the grounds of suspended sentence under Article 62(1) of the Criminal Act is committed by assaulting a police officer to obstruct the performance of official duties, taking into account the grounds for sentencing that are disadvantageous to the fact that the relevant crime is committed, considering the confession of the defendant, the fact that the defendant has no record of criminal punishment, etc., and taking into account all other circumstances, including the defendant’s age, occupation, background leading to the crime, form of the crime, and circumstances after the crime, etc., the sentence of the same punishment as the disposition shall

참조조문

-형법 제62조 제1항

-형법 제136조 제1항

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