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(영문) 대구지방법원 2018.10.02 2018고단3213
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 June 8, 2018, the defendant assaulted the husband's wife at the residence of the defendant who is located in the C Apartment 201 Dong 203, Dong 203, Si around Busan on June 8, 2018.

“Around 21:40 on the same day, the Defendant’s wife arrested F as a flagrant offender when considering the police officer’s face of the Defendant at the time of the instant police box sent to the scene after receiving a report of 112, and the Defendant’s wife arrested F as a flagrant offender of the crime of assaulting the Defendant’s face, the Defendant’s wife obstructed E’s body in front of the patrol to board F in the above apartment parking lot at around 21:40 on the same day, and obstructed E from a defect in getting F to board the 112 patrol vehicle at the 112 patrol vehicle, and assaulted E’s body by mandatorily opening the driver’s seat of the patrol on board the vehicle.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on handling 112 reports.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol with respect to E (Evidence Nos. 2);

1. Application of the Act and subordinate statutes to the investigation report (Evidence 5);

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

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

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order and the reason for sentencing [the scope of recommendations] of Article 62-2 of the Social Service Order Act [the scope of punishment] and the reason for obstructing the performance of official duties in the basic area (from June to one year and six months) [the person who is subject to special sentencing] [the decision of sentencing] 6 months] imprisonment with prison labor and the period of suspended execution, and circumstances unfavorable to two years: the same shall not apply.

The favorable circumstances: There is no special record of crime.

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