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(영문) 대구지방법원 2019.01.09 2018고단3673
공무집행방해
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On June 28, 2018, the Defendant: (a) stated that he was released from E in the circumstances belonging to the Daegu Southern Police Station D District Unit of the Daegu Southern Police Station, which called “Iskin Haskin Hasknk Hakkknk Hakkkkkkkkkkkkn Hakkknkknknknknknknknknknknknknknknknknknknknknknknknknknkn, which was located in Daegu-gu, Daegu, Daegu, Seoul; and (b)

Accordingly, the Defendant interfered with the legitimate execution of official duties by police officers regarding the handling of 112 reported cases.

Summary of Evidence

1. Each testimony of witness E, F and G;

1. Each police statement related to E, F, and G;

1. A copy of the work log in the D District;

1. Application of the Act and subordinate statutes in Chapter IV of slopeF photographs, suspect A photograph;

1. Article 136(1) of the Criminal Act and Article 136(1) of the Criminal Act regarding criminal facts, the defendant and his/her defense counsel denies the crime. However, according to the aforementioned evidence and the following facts and circumstances, it is insufficient to find the defendant guilty of the above facts charged, we cannot accept the above assertion.

① The G reported Defendant 112 that he was frighting, and the E and F sent out the pawned prisoners of war, and the Defendant was not frighting.

② During the process of arresting the Defendant, F had knenee and knenee in a number of arms, while having knee and knee in the process of arresting the Defendant.

③ At the time of the instant crime, the Defendant and H were under the influence of alcohol.

Although the defendant had been punished not less than 20 times including the same crime, he committed the crime of this case, and the police officer F has been injured in the process of suppressing the defendant, he shall be sentenced to the punishment of the defendant.

On the other hand, considering the fact that the degree of assault and intimidation in the crime of this case is not much severe, and that the defendant is injured in the process of suppression, etc., the punishment shall be determined.

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