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(영문) 대구지방법원 2020.10.14 2020고단2206
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

On March 22, 2020, around 02:08, the Defendant was drunk at the “C” house located in Jung-gu Daegu Metropolitan City B, Daegu Metropolitan City, and was locked, on the ground that the Defendant was unable to sleep the victim’s face at one time in drinking, on the ground that the Defendant was able to have the victim E (Nam, 50 years of age) who was a police officer of the Daegu Jung-gu Police Station, who was called to the site upon receipt of a 112 report, and the victim E (Nam, 50 years of age) who was a police officer of the D District, sent to the site after having received a 112 report.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the handling of reports and maintenance of order by police officers.

Summary of Evidence

1. Application of the Acts and subordinate statutes to report criminal investigations, such as the defendant's legal statement E, work logs for the police statement of F, CCTV image-faging photographs of the 112 reported case processing table, victim body photographs, etc.;

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

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

1. For the reason of sentencing under Article 62-2 of the Probation Criminal Act, the crime of this case is committed by assaulting a police officer and obstructing the performance of official duties, with heavy liability for such crime, and the defendant is under treatment due to the same kind of crime on June 25, 2019, and the court below's appeal is pending (Dismissal of appeal on June 26, 2020, and confirmation on July 4, 2020) but again reaches an offense, taking into account the factors favorable to sentencing, such as the defendant's confession of the crime, and the fact that there is no other criminal power except the above fine, etc., the sentence of this case is ordered as ordered, taking into account all the circumstances, such as the defendant's age, occupation, circumstances leading to the crime, after the crime, the circumstances after the crime, and the fact that the defendant is under treatment due to a bipolar disorder from around May 2019.

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