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(영문) 대구지방법원 2018.12.18 2018고단4527
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 September 26, 2018, at the main point located in Daegu Suwon-gu C on September 23:13, 2018, the Defendant: (a) notified the foregoing main business owner that the drinking value does not be calculated; and (b) provided a desire for E to pay the drinking value from the slope E belonging to the D District Police Station of the Daegu Suwon-gu Police Station called to the site; and (c) provided a desire for E to pay the drinking value; and (d) took once, the Defendant interfered with the police officer’s legitimate performance of duties concerning the handling of the reported case.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Application of Acts and subordinate statutes to a copy of work log;

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. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act / [the scope of recommended punishment] There is no person [the person subject to special sentencing] in the basic area (from June to one year and six months) (the person subject to special sentencing] [the decision of sentence] 6 months of imprisonment, the period of suspended execution 2 years, the circumstances under the following conditions, and the defendant's age, occupation, sex, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., and the various conditions of sentencing as shown in the argument of this case, shall be determined as the order.

Unfavorable circumstances: Crimes committed by a police officer in the course of performing his/her duties against him/her, which are minor in light of the circumstances, contents, etc. of such crimes.

The favorable circumstances: The defendant is led to confession and reflect.

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