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(영문) 대구지방법원 2019.03.12 2018고단5261
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

[Criminal Power] The Defendant was sentenced to six months of imprisonment with prison labor at the Daegu District Court on July 19, 2018 for a false accusation, and the same year.

8.9 The judgment became final and conclusive.

【Criminal Facts】

On March 14, 2018, at around 23:59, the Defendant reported that, “A substitute driver was set up in the street before Seopo-si, Seopo-si, Seopo-si, Seopo-do, while being under the influence of alcohol and the driver of the substitute driver was set up in the way of the Defendant’s vehicle, the Defendant reported that “A substitute driver was set up and set up a vehicle and left the match.”

Since then, the Defendant was asked to question the details of the report by the head of Sinpo Police Station D District D District E, who was called upon the above 112, and tried to look at the foregoing E, and to see the appearance of the article for acting driving, such as “after asking the articles for acting driving”, and to prohibit E from taking the face of the Defendant’s desire to talk with his cellular phone, and to see the E’s hand, i.e., taking the cellular phone as his hand, and to see the latter hand, and to see the latter hand.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning the prevention, suppression and investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written statement;

1. Application of the video white CD-related Acts and subordinate statutes;

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. Probation and community service order for the reasons of sentencing under Article 62-2 of the Criminal Act and other records, such as Defendant’s age, occupation, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime, etc., and the conditions of various kinds of sentencing as shown in the argument of this case shall be determined as the order.

D. Unfavorable circumstances: Crimes that obstruct the performance of duties by police officers, and thus, the nature of such crimes may be mitigated in light of the circumstances and details of such crimes.

The defendant has the same criminal history.

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