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(영문) 대구지방법원 2018.10.11 2018고단3652
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 August 1, 2018, the Defendant reported at his own house located in Daegu Northern-gu B around 02:40 on August 1, 2018, and received 112 a report stating that “the Defendant is heavy,” and sent to the site, the Defendant suffered damage to the people around the region where the Defendant got a report of drinking disturbance from the head of the police station of the Daegu Gangnam-gu Police Station C, which called “the Defendant was dispatched to the site.”

I would like to be given a warning of "Ieari Liquor Tax Code". It has been issued with a warrant of Ieriririria.

“I” and “I am dynasty dynasty dynasty dynasty,” and assaulted D’s face and body with head, shoulder, etc.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Three copies of a report on internal investigation (as to the attachment of a detailed statement for processing cases reported 112)-12;

1. Domestic investigation reports (limited to attachment of copies of work log and public official's identification cards) - Application of Acts and subordinate statutes on the place of work;

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 of the suspended sentence [the scope of the recommended sentence] The crime interfering with the performance of official duties is a crime that interferes with the legitimate performance of official duties by assaulting the police officer in the mitigated area (one month to eight months) [a person with a special mitigation] (a person with a sentence] and the extent of assault is minor (a person with a special mitigation] (a decision of sentence], such as threatening a police officer dispatched upon receiving a 112 report, and thus obstructing the police officer from performing his/her official duties.

However, considering the circumstances favorable to the defendant, such as the fact that the defendant is waiting for committing the crime of this case, the fact that the police officer did not reach the degree of physical damage because of the degree of the used tangible force, and the fact that there was no same force and no record of punishment exceeding the fine, etc., the age, sex, environment, motive, means, and consequence of the crime.

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