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(영문) 대구지방법원 2018.09.14 2018고단3292
공무집행방해
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A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 12, 2018, 12:53 around 12:3, 2018, the Defendant notified the Defendant of the 'C' on the front of the 'C' road located in Daegu Southern-gu, Daegu-gu, Daegu-gu, and the circumstances under which the Defendant was dispatched upon receipt of the 112 report that the Defendant avoided the disturbance, and notified the Defendant of the disposition by the act of disturbance by drinking disturbance.

“Abdoing and taking a bath,” and having tightly pushed E’s chest.

Accordingly, E, who was arrested the Defendant on the charge of interfering with the performance of official duties and carried the Defendant into the D police box located in the Nam-gu Seoul Metropolitan City F, the Defendant continued to take a bath to E, and spite the B’s bridge, face, and arms. Accordingly, the Defendant interfered with the legitimate performance of duties by the police officer concerning the handling of 112 reported cases, the arrest of flagrant offenders, and criminal investigations.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of police statement protocol to E;

1. Article 136 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act is determined as ordered by taking into account the following factors: (a) the defendant takes a bath to a police officer in the course of performing official duties; (b) the nature of spitation is bad; (c) the defendant spitation is against the defendant; (d) the defendant does not have a criminal record since 2008; and (e) the defendant does not have a criminal record after 2008; and (e) the defendant's age, sexual conduct, environment, motive and circumstances after committing the crime

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