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(영문) 대구지방법원 2019.09.26 2019고단3355
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 05:15 on April 26, 2019, the Defendant: (a) under the influence of alcohol, went to the Daegu Water Police Station C district located in Daegu Water-gu B; (b) recommended a slope D who works in the said district to return home; (c) expressed a desire to “Chewing fright”; and (d) committed assault by the Defendant, such as taking a sloper and PDA terminal toward slope D on his/her face.

On April 26, 2019, the Defendant: (a) arrested a flagrant offender for the foregoing reasons; (b) transferred him to E competent police station located in 2460 according to the Daegu Sinsi punishment; and (c) committed assault, on April 26, 2019, at around 06:55, the Defendant committed assault, such as assaulting F’s face one time by hand, such as: (a) the back-up number of police officers belonging to the Daegu Water Station E competent to the detention room; (b) the Defendant moved him to the detention room; and (c) the Defendant “I am back to the outside, I am, I am, I am, I am, and I am.”

Accordingly, the defendant interfered with legitimate execution of duties concerning the protection of police officers' lives, bodies, and property, prevention, suppression, and investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement made to D by the police;

1. Application of F’s written Acts and subordinate statutes;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order is that the defendant assaulted the police officers to perform their duties under the influence of alcohol.

However, the fact that the defendant recognizes the crime and reflects the depth of the crime, and there has been no history of punishment heavier than the fine so far, and the sentencing conditions specified in the records of this case, such as the defendant's age, character and conduct, and circumstances before and after the crime, shall be determined as ordered by taking into consideration the following factors.

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