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(영문) 대구지방법원 서부지원 2018.12.12 2018고단2057
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On April 29, 2018, the Defendant interfered with the performance of official duties against police officers B, committed assaulting D, D, D, and D, D, and D, D, and D, a person on the front side of the Seogu Seo-gu Seo-gu, Daegu-gu, Daegu-gu, and was removed by E, etc., and was handed over to B, a police officer of the F District Unit of the Daegu Seo-gu Police Station, which was dispatched upon receipt of a report 112, the Defendant was pushed down with the left side of the above B, where he was waiting for the Defendant.

As a result, the Defendant interfered with the legitimate execution of duties of police officials with regard to the handling of 112 reported cases.

2. 경찰관 G에 대한 공무집행 방해 피고인은 2018. 4. 29. 23:45 경 위 제 1 항 기재와 같은 이유로 대구 서부 경찰서 F 지구대 소속 경찰관 G 등에 의하여 현행범인 체포되어 대구 서구 H에 있는 위 지구대 사무실에 연행된 후, 피고인의 손목에 채운 수갑을 대기용 의자에 연결하던 위 G의 코 부위를 발로 걷어찼다.

As a result, the Defendant interfered with the legitimate execution of duties of police officials with regard to the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against B, G, and E;

1. Investigation report (the analysis and attachment of CCTV against the F District);

1. Application of statutes governing the place of work;

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

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. The reason for sentencing under Article 62(1) of the Criminal Act on the suspension of execution is that the defendant used each violence against two police officers in the course of performing official duties, and that such act is not minor, etc., are elements for sentencing unfavorable to the defendant.

On the other hand, the fact that the defendant seems to have been against the defendant when committing the crime of this case, and that the defendant has no record of being punished or a fine exceeding the punishment due to the obstruction of the execution of official duties is an element for sentencing favorable to the defendant.

In addition, the defendant's age, sex, environment, motive and background of the crime.

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