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(영문) 대구지방법원 2018.05.11 2018고단413
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 3, 2017, at around 01:17, the Defendant: (a) received a report from 112 that “the drunk customer does not pay a taxi fee; (b) asked the Defendant about the circumstances of the instant case, and the slope E belonging to the DNA Police Station of the North Korean Police Station dispatched to the site after having received a report from 112 that “I will not pay a taxi fee; and (c) expressed the Defendant’s desire to “I will am chron,” and assaulted the victim’s humf on one occasion on the left part of the victim’s hand, with the finger hand and the check part.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of police statement protocol to E;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act on the suspension of execution is that the defendant uses a police officer called out after receiving a report from a taxi engineer or a police officer with heavy vision under the influence of alcohol without any particular reason, considering unfavorable circumstances. However, the damage suffered by a police officer is minor, there is no criminal record exceeding the same criminal history and fine, and there is no criminal record exceeding the same kind of criminal punishment and fine for the defendant,

In addition, the circumstances prescribed in Article 51 of the Criminal Act, such as the age, sex, etc. of the defendant, shall be determined as per the order.

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