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(영문) 대구지방법원 2020.09.09 2020고단1001
특수공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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

On February 16, 2020, at around 16:35, the Defendant took a 112 report on “C” in front of “C” located in Daegu-gu, Daegu-gu, and took an inquiry of the circumstances where the police box affiliated with the police box of Daegu-nam Police Station, E, and the situation of the instant case from the slope F, etc., the Defendant took a bath to “Mad. Mad. Mad. Mad. Mad. Mad. Mad. Mad. Mad. Mad. Mad. Mad. Mad. Mad.” and the reporter G.

When the above police officers control the Defendant, the Defendant took a bath to see “Cs.” and assaulted the above police officers by gathering stones, which are dangerous objects (Garo 20 cm, 10.5 cm in length, 20 cm in thickness).

Accordingly, the defendant carried dangerous articles and interfered with legitimate execution of duties concerning the protection of police officers' lives, bodies, and property, prevention, suppression, and investigation of crimes.

Summary of Evidence

1. Application of the Acts and subordinate statutes to the defendant's legal statement E, and each police statement protocol to F, bricks, photographs and DNA boxes for service;

1. Articles 144 (1) and 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Selection of an alternative imprisonment with prison labor under Articles 40 and 50 of the Criminal Act;

1. The crime of this case on the grounds of suspended sentence under Article 62(1) of the Criminal Act is committed by carrying dangerous articles and obstructing police officers from performing their official duties by assault, taking into account the fact that there is a heavy criminal liability, a large number of different types of crimes, etc., and considering the confession of the defendant, the defendant has no criminal records and criminal records exceeding the same criminal records, etc., the crime of this case is sentenced to the same sentence as the order of the defendant, taking into account all other circumstances, including the defendant’s age, circumstances leading to the crime, the specific form of the crime, and the circumstances after the crime.

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