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(영문) 대구지방법원 2019.06.12 2019고단1468
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

On March 18, 2019, at around 19:00, the Defendant assaulted the police officer’s legitimate execution of duties concerning the handling of 112 reports by committing assaulting the following: (a) the police officer, who was a police officer belonging to the Daegu Southern Police Station C police station, sent out after receiving 112 reports due to the disturbance of the host, etc. at the time; and (b) the police officer, who was a police officer belonging to the Daegu Southern Police Station C police station, was urged to return home from the police officer, who was called out after receiving 112 reports; and (c) the Defendant took the attitude that he would have taken

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. E statements;

1. Application of the Acts and subordinate statutes concerning the service log of a police box, 112 reported cases;

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

1. Article 62(1) of the Act on the Suspension of Execution provides that a police officer who solicits him/her to return home in a restaurant with the reason for sentencing under Article 62(1) of the Criminal Act does not have the nature of the crime and uses violence, thereby choosing imprisonment with prison labor. However, considering the following circumstances: (a) a police officer who committed a crime that has lost his/her ability to refrain in the whole process has no different character; (b) a police officer has no record of punishment heavier than imprisonment without prison labor; and (c) an elderly person has no record of punishment, the risk of repeating a crime is not likely to be seriously threatened;

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