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(영문) 대구지방법원 서부지원 2019.08.28 2019고단18
공무집행방해
Text

A defendant shall be punished by imprisonment for 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 December 23, 2018, at around 04:10, the Defendant: (a) 119 emergency medical services workers under the influence of alcohol at the front of the Daegu-gu C Hospital, Daegu-gu, Daegu-gu, and received a report and received personal information from E in the circumstances where the police box affiliated with the Daegu Ying Police Station, and (b) took a bath to check the face of the above E in drinking; and (c) was sleeped with the flap of the said E in his hand.

As a result, the Defendant interfered with the legitimate execution of duties concerning crime prevention and suppression of the above E, who wear police uniforms.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of one copy of the photograph and work log of a victimized police officer;

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

1. It is necessary to strictly punish the defendant in light of the fact that the degree of assault against the police officer who has inflicted damage on the reason of the sentencing under Article 62(1) of the Criminal Act is not easy and that there has been three times of punishment of a fine by an act of violence in the past.

However, it shall be considered that the circumstances favorable to the defendant such as the defendant's age, character and behavior, environment, family relationship, means and result of the crime and circumstances after the crime are considered, and the punishment as ordered shall be determined by taking into account the following factors: the defendant's age, character and behavior, family relation, the means and consequence of the crime, and the various sentencing conditions as shown in the records and arguments.

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