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(영문) 대구지방법원 2020.02.05 2019고단4294
공무집행방해
Text

A defendant shall be punished by imprisonment for not more than ten 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

At around 20:50 on July 18, 2019, the Defendant, on the road located in Daegu Suwon-gu B, 112, recommended a police officer belonging to the Daegu Suwon-gu Police Station D Zone D District, who was called out after receiving 112 a report, to return home after confirming the content of the report, and stated that the Defendant, who is enjoying on the floor, “Ig, this son,” was knee on one occasion at the left side of the said policeman’s drinking, knee, and felged the left side of the said policeman’s horse F with both arms, and assaulted the Defendant, who tried to injure the left side side of the horse F, with both arms.

Accordingly, the defendant 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. Partial statement of the defendant;

1. A protocol concerning the examination of partial police officers of the accused;

1. Each police statement concerning E and F;

1. A written statement of the G production;

1. A report on internal investigation:

1. Application of Acts and subordinate statutes on the place of work in the D District;

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

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. The crime of this case, with the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act, is an offense that prevents a defendant from performing official duties by assaulting police officers, taking into account the fact that the criminal liability is heavy, that there is a large number of violence offenses, etc., and considering the fact that the defendant is recognized as a substitute for the crime, and that there is no criminal record of obstruction of performance of official duties, a sentence like the order shall

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