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(영문) 대구지방법원 서부지원 2018.10.02 2018고단973
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 1, 2018, around 02:58, the Defendant reported to 112 on the ground that the door door door door door door door door door door door door 202, the Defendant’s wife, located, was not opened.

In Daegu, the Police Station D's Assistant E and Assistant F's Assistant F's affiliated assistant E and Assistant F, called the Defendant's wife at the above C lending No. 202, but the Defendant's wife was refused to open 202, and the Defendant's wife was not forced to open the door.

The Defendant heard from E and F that the doors No. 202 cannot be opened, the Defendant 202 of the above C loan 202 was sounded, by hand, knife the chest and shoulder of E, F’s chest and shoulder by hand, E and F’s knife onto the defect patrol vehicle, and obstructed the front of the patrol vehicle, and “the police is friendly.”

Accordingly, the Defendant abused police officers, thereby obstructing police officers from performing their legitimate duties in relation to the handling of 112 reported duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Application of Acts and subordinate statutes to a report on investigation (a list of 112 reported cases and a list of work places in D District, etc.);

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 Competition;

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Article 62(1) of the suspended sentence under the Criminal Act lies in the criminal records of the same kind (the defendant was punished by a fine of KRW 1.5 million due to interference with the performance of official duties in 2004). Meanwhile, the defendant's wrong recognition of and reflects his/her misconduct and does not repeat again, there is no criminal record exceeding the fine, the health of the defendant is not good (the chronic C-type hepatitis, inter-liverrosis, liverrosisrosis, pathrosisrosis, he/she), the defendant's wife desires to find the defendant's wife against the defendant, and all the circumstances such as the defendant's criminal records, including the following:

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