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(영문) 대구지방법원 포항지원 2020.06.17 2020고단529
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

Criminal facts

【Criminal Power】 On May 6, 2020, the Defendant was sentenced to a suspended sentence of one year to imprisonment for a violation of the Road Traffic Act (refluence of measurement) at the port support of the Daegu District Court on May 6, 202, and the said judgment became final and conclusive on May 14, 2020.

【Around 17:50 on March 9, 2020, the Defendant committed an assault, such as: (a) around 17:50, the Defendant: (b) committed an act of assaulting D while under the influence of alcohol, on the part of the reporter who was sent to the scene after having received a report on traffic accident-related 112 at the Nam-gu B apartment parking lot; (c) in order to investigate the details of the report; and (d) in the state of alcohol; and (d) “Iskn't have to go to the police officer; (d) Iskn't have to go to go to the police officer; and (e) Iskn't have to go to go to the face of D by skn's spherbinging the sp

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning 112 reporting handling duties.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and D;

1. A 112 reported case handling box and a police box service log;

1. Each report on internal investigation:

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification, etc. while a suspect is pending in trial);

1. Relevant Articles 136(1) and 136(1) of the Criminal Act concerning criminal facts, 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. The crime of this case was committed without being aware of the facts stated in the records of the instant crime, including the purpose and background of the crime for sentencing under Article 62-2 of the Criminal Act, the degree of obstruction of performance of official duties, and the criminal records at the time of the instant crime. Other various conditions of sentencing as shown in the records and arguments, including the circumstances after the instant crime, the Defendant’s age, character and conduct and environment, and punishment records, should be taken into account.

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