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(영문) 대구지방법원 경주지원 2020.01.08 2019고단602
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around 01:45 on October 6, 2019, the Defendant was asked of questions about the circumstances of the instant case from the slope E (the age of 47) affiliated with the police box of the racing police station, which called “si officer and passengers at the scene” in accordance with the 112 report received on October 6, 2019, and attempted to take a breath from the slope E, and attempted to leave the scene, and he was able to stop the breath from the slope E., and the Defendant was forced to stop the breath from the slope E., so it would be difficult for the police to take the breath of the south, but the breath of the breath, the breath of the breath, the breath of the breath, the breath of the breath, the breath of the breath, the breath of the breath of the blath.”

Accordingly, the Defendant interfered with the legitimate performance of official duties by police officers dealing with 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to F and E;

1. Application of the Acts and subordinate statutes for investigation reporting;

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act refers to the circumstances favorable to the defendant, such as the fact that the defendant reflects the crime, and that the exercise of force seems not to have been relatively much serious;

However, not only has the same criminal records of the defendant several times, but also there have been a number of criminal records against the defendant, and the crime of this case was eventually derived from the assault case.

In addition to these circumstances, the sentence of probation accompanied by probation was determined by comprehensively taking account of all the sentencing conditions shown in the records, such as the defendant's age, character and conduct, environment, family relationship, circumstances after the crime, and circumstances after the crime.

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