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(영문) 대구지방법원 김천지원 2018.10.23 2018고단671
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

However, 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

1. 피고인은 2018. 5. 30. 00:05 경 구미시 C 앞 도로에서 뚜렷한 이유도 없이 발로 D의 승용차를 걷어차고, 이를 항의하는 D의 정강이를 발로 걷어찼다.

After that, the Defendant refused to present an identification card from the border F of the Dong-gu Police Station E District, which was called upon D's 112 report, and was asked by F to present an identification card, and the Defendant assaulted F's left side bucks on one occasion due to the first demand from F to present an identification card.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning 112 report processing.

2. On May 30, 2018, the Defendant was arrested and transferred as a flagrant offender of the crime of interference with the performance of official duties in the Gu-U.S. police station E District in the Gu-U.S. police station in Gu-U.S. on May 30, 2018, and the Defendant was first arrested and transferred as a flagrant offender of the crime of interference with the performance of official duties due to the act described in paragraph 1, and the above F saw the Defendant “sl

"Along with the defect that he/she intends to wear and walked, he/she assaulted the face of the F one time to walk.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on arrest and management of flagrant offenders.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to F;

1. Written statements of D;

1. The application of Acts and subordinate statutes to investigation reports (the attachment of ctV images and photographs within the E District), investigation reports (ctv and photo attachment);

1. Article 136 (1) of the Criminal Act and the choice of punishment for the crime, Articles 136 (1) of the Criminal Act and the choice of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Application of the sentencing criteria;

(a) Interference with the execution of each official duties [the scope of a recommendation] interference with the performance of official duties, and the basic area (from June to one year and six months) (the person who has no special sentencing seal) of the category 1 (Interference with the performance of official duties)

B. Application of the standards for handling multiple crimes from six months to two years (the scope of sentence of interference with the execution of official duties around 00:05 on May 30, 2018).

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