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(영문) 대구지방법원 2018.04.19 2018고단815
공무집행방해
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Criminal facts

On January 15, 2018, the Defendant 112 was under the influence of alcohol in the front of Daegu Dong-gu B, Daegu-gu, 2018 and called “a person.”

“The 15 minutes or later have been reported to the effect that it was reported, and that it was sent to the police station C District D and E, etc. of the Daegu Eastern Police Station:

In this case, E was able to take a bath, such as the gue Ha, Naba, and so on, and requested the Defendant to return home, it was assaulted by E, such as opening a door to the driver’s seat of the patrol vehicle on board and preventing the patrol vehicle from departing from the patrol vehicle, and facing the body at the patrol vehicle.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on 112 report processing.

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Each police statement made to D or E;

1. 112 Application of the Acts and subordinate statutes governing the table of reported case settlement;

1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act concerning the selection of punishment;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is that the criminal defendant expressed a desire to a police official in the process of executing official duties and committed violence is not good.

However, the defendant recognized the crime of this case and assaulted that he is against his body by opening a door of patrol and facing his body. It is not directly assaulted by the police officer, and there is no record of punishment heavier than the fine. It is decided as per Disposition in consideration of various circumstances, such as the age, sexual behavior, environment, and circumstances after the crime.

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