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(영문) 대구지방법원 의성지원 2019.02.14 2018고단230
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

Defendant on December 5, 2018, 12:20 on December 5, 2018, Category C needs to be located in Sung-gun B.

At the main point, the Defendant’s left arm’s length and left part of his face and necked three times, who was requested to change his identification card to verify his identity by the police box affiliated with the Sungdong Police Station to handle the case of assault report, and who was required by the police box affiliated with the Sungdong Police Station, “n't have any identification card.”

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases by force.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes of report on internal investigation and report on internal investigation (Attachment of work place);

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

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

1. The sentencing factors indicated in the arguments of this case, such as the defendant's age, environment, character and conduct, motive for committing the crime, means and result of the crime, following the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act, shall be determined by comprehensively taking into account the sentencing factors indicated in the arguments of this case

The favorable circumstances: The defendant recognized his mistake and divided, and there was no significant result such as injury, etc. due to the crime of this case.

An unfavorable circumstance: A crime of obstruction of performance of official duties needs to be strictly punished for a crime detrimental to the function of the state by nullifying a legitimate exercise of public authority, and the defendant is punished once by an act of violence, etc. five times of criminal punishment.

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