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(영문) 대구지방법원 서부지원 2019.05.28 2018고단2532
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

except that 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 August 10, 2018, the Defendant: (a) was under influence of alcohol in the stairs of the Daegu-gun Group B, Daegu-gun, and (b) was under influence of alcohol on August 10, 2018; (c) when having received 112 reports and sent to the site, the police box of the Daegu Hasong Police Station C, who was called to the site, was able to return home to the Defendant; and (d) when having taken one-time face of the Defendant.

Accordingly, the defendant assaulted police officers to interfere with the legitimate execution of duties of police officers in relation to the handling of 112 reported duties.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Service log of a police box;

1. Application of Acts and subordinate statutes to investigation reports (Attachment to 112 Report Statement for Handling Cases);

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

1. In light of the fact that a crime that interferes with the legitimate execution of official duties for the reason of sentencing under Article 62(1) of the Criminal Act is bad, and that the defendant repeats the crime of this case despite the same criminal record, it is necessary to strictly punish the defendant.

However, in full view of all the circumstances, including the fact that the defendant recognized his mistake and did not repeat the offense while against himself, and that the above police officer D wanted to take the defendant's wife against the defendant, that the defendant did not have any criminal record exceeding the fine, that the wife and children and the workplace union members want the defendant's wife against the defendant, and that the wife and the defendant wanted the defendant's wife against the defendant, damage level, background of the crime, degree of the crime, criminal records, criminal records, prosecutor's life penalty (ten months of imprisonment).

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