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(영문) 대구지방법원 서부지원 2019.10.15 2019고단936
공무집행방해
Text

A defendant shall be punished by imprisonment for four 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

On March 27, 2019, around 21:25, the Defendant expressed that “the Defendant was drunkly drinking” in front of the Daegu Western-gu B was 112, and 4 police officers belonging to the Daegu Western Police Station C police station, who was called out after having received 112 reports, were able to take care of Defendant at home and her house, and without any justifiable reason, she was able to take care of the police officer D, the face of the police officer E, and the breast part of the chest.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and D;

1. Investigation Report - Application of the attached Acts and subordinate statutes, such as work log;

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. In light of the fact that there is a need to strictly punish a crime that interferes with the performance of official duties in order to establish a law and order for sentencing under Article 62(1) of the Criminal Act and eradicate the light of public authority, the Defendant’s liability is heavy.

On the other hand, it is decided as per Disposition by comprehensively taking into account the following circumstances: (a) the Defendant did not repeat the crime while recognizing and reflecting his own mistake; (b) there is no criminal record for the same kind of crime and no criminal record exceeding the fine; and (c) the degree of damage, circumstances, degree of crime, circumstances after the crime, criminal records, prosecutor’s life penalty (one year of suspended sentence in June).

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