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(영문) 대구지방법원 서부지원 2019.07.18 2018고단3424
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 September 5, 2018, the Defendant was under the influence of alcohol in front of the Taegu Seo-gu apartment B apartment on September 22 and around 29, 2018 and received a report on 112 that “any person has danced while on the road,” and received a request to verify the circumstances and status of the case from D and E, who was called to the site.

Accordingly, the Defendant assaulted the police officer E with approximately 3 to 4 times of drinking, and walking the clothes of the police officer E one time of drinking, while taking a bath to the police officer, “Chobs, Babs, and Babs.”

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Investigation report (Listening to telephone calls, statements, etc. by victim police officers);

1. Application of the statutes governing the service place of a police box;

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

1. In order to establish the legal order of the country of reasons for sentencing under Article 62(1) of the Criminal Act and eradicate the light of public authority, it is necessary to strictly punish the crime of obstruction of performance of official duties.

However, in light of the fact that the defendant confessions the crime of this case and repents his mistake, there is no record of criminal punishment, and other various sentencing conditions specified in the arguments of this case, including the defendant's age, character and conduct, environment, family relationship, means and result of the crime, etc., the punishment shall be determined as ordered.

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