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(영문) 대구지방법원 서부지원 2020.05.19 2019고단3232
공무집행방해
Text

A defendant shall be punished by imprisonment for four 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 October 18, 2019, around 23:00, at the main point of “C” located on the 2nd floor in Daegu Seo-gu B, Daegu-gu, 2019, the Defendant avoided disturbance by, under the influence of alcohol, such as taking a stage door-to-door sing down in which water is sing and pushing an employee D who restrains it, and filed a 112 report.

Around that time, the Chief F of the Police Police Station, who was called up after receiving the above 112 report, was assaulted by the Chief F of the Police Station, and the Defendant boomed the Defendant, and was arrested as a flagrant offender in the crime of obstruction of performance of official duties by committing an assault, such as booming the above F, and booming the 112 patrols before the police box located in Daegu-gu G.

그러나 피고인은 112순찰차 뒷좌석에 누워 하차하지 않고 버텼고 이에 F이 피고인을 일으켜 세우려고 하자 피고인은 위 F을 발로 차 바닥에 넘어뜨렸다.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the handling of police officers' 112 reported cases and arrest of flagrant offenders.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement made to F and D;

1. Application of Acts and subordinate statutes to investigation reports (3, 5, 6, 9, 11);

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act that the defendant acknowledges the crime of this case and does not repeat again, and that the defendant has no record of criminal punishment for the same kind

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