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(영문) 대구지방법원 2018.08.24 2018고단2805
공무집행방해
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On May 17, 2018, the Defendant was on the street in front of Daegu-gu C around 20:45 on May 17, 2018.

“A police officer affiliated with the Daegu Southern-gu Police Station, who received 112 a report and confirmed the reporter’s report details, etc., “A police officer D knife D knife D knife D knife D knife D knife D knife D knife D knife due to his knife knife and knife D knife D knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife,” and interfere with legitimate performance of duties of police officers regarding the handling of the report of this case by assaulting the reporter, such as keeping the reporter’s head under the patrol.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

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

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

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the Defendant, while under the influence of alcohol, assaults police officers without any particular reason, thereby disregarding the public authority.

However, considering the fact that the defendant's damage caused by the crime of this case is minor, that the defendant has no same criminal record, and that the defendant is against the defendant, a favorable condition.

In addition, the circumstances prescribed in Article 51 of the Criminal Act, such as the age, sex, etc. of the defendant, shall be determined as per the order.

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