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(영문) 대구지방법원 2020.01.22 2019고단4596
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 August 27, 2019, at around 02:58, the Defendant dumped cigarette butts in front of the Daegu Northern District B, and laid off a notice of penalty payment to the floor, which was issued by D located in the seat of the Daegu Northern Police Station C District, and the Defendant sought a notice of penalty payment on the floor on the ground that the notice was laid off on the floor, and assaulted D’s face.

Accordingly, the defendant interfered with legitimate execution of duties concerning the protection of police officers' lives, bodies and property, prevention, suppression and investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A copy of a written notification, inquiry, or work site;

1. Application of statutes on site photographs;

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, and the criminal liability is grave. Considering the fact that a defendant is led to an offense, the defendant has no record of criminal punishment, etc., a favorable sentencing ground shall be considered. In full view of all other circumstances, including the defendant’s age, the background leading to the offense, the specific attitude, and the circumstances after the crime, etc., the sentence identical to the order of the

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