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(영문) 대구지방법원 2020.11.18 2020고단2787
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On April 14:05, 2020, the Defendant discovered E-Patrols driven by the Daegu Water-Fighting Station Inspector D in relation to noise in front of Daegu Metropolitan City, which was reported at 112 on the street in front of the Daegu Water-Fighting Station, and called, “Iskhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh

As a result, the defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes on each police statement made to D and F, service logs, public officials' identification cards and video-facing screen pictures;

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act on probation under Article 62-2 of the Criminal Act shall be considered as the grounds for sentencing unfavorable to the defendant, considering the following: (a) the crime of this case on the grounds of sentencing under Article 62-2 of the Act on Probation, which prevents the defendant from performing his duties due to assault; (b) there are significant and multiple criminal records; and (c) as well as (d) the punishment of this case on the grounds of sexual assault around October 2016, which was sentenced to imprisonment for two years, including probation, three years after the period of probation, and probation, has not yet passed since the period of probation has been expired; (b) the defendant is led to the crime of this case; (c) the defendant is led to the confession of the crime; (d) there is no criminal history for the same kind of crime; and (e) the degree of assault is relatively excessive.

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