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(영문) 대구지방법원 김천지원 2018.09.20 2018고단500
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment 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 10, 2018, the Defendant is in need of assistance from D and E, a police officer belonging to the police station C district unit of the old U.S. police station, dispatched after receiving a report from the Defendant from the Defendant, around 02:50 on April 10, 2018

는 취지의 질문을 받게 되자, 갑자기 욕설을 하며 손에 들고 있던 휴대폰으로 E의 배를 2회 찌르고, 욕설을 하며 주먹으로 D의 가슴 부위를 1회 때리고 발로 옆구리를 3회 걷어찼다.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on protective measures and maintenance of order.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Application of investigation reports (work logs and copies of identification cards, etc.), internal investigation reports (related to the speech and behavior of a suspect in the earth), investigation reports (police officers' identification and attachment of identification cards) (police officers' identification and attachment of identification cards) and statutes governing storage CDs in the Bac camp camp;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. In full view of all the factors indicated in the arguments, including the punishment twice as a result of obstructing the execution of official duties for the reason of sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by comprehensively taking into account the following factors: (a) the degree of obstructing the performance of official duties; (b) the degree and radius of obstructing the performance of official duties; (c) the defendant’s age, environment, sexual conduct, motive for the crime;

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