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(영문) 대구지방법원 2019.01.10 2018고단5103
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 20, 2018, at around 18:50, the Defendant reported to the 1112 Defendant’s prior to the Daegu Dong-gu B, Daegu-gu, that he would be satisfed, and that the E and the chief F would make the Defendant be able to have the Defendant go home and depart from the patrol vehicle, and that the Defendant would stop the patrol vehicle for about 18 minutes while continuing to stop the patrol vehicle in front of the patrol vehicle, even though the Defendant was demanded to stop the patrol vehicle’s departure and stop the patrol vehicle’s departure from E, which took place at the patrol vehicle.

Accordingly, the Defendant interfered with the legitimate performance of duties by police officers on the prevention, suppression, and investigation of crimes as above.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. A report on internal investigation (a copy of the place of service in the district), a place of service;

1. Investigation report [Attachment of video images containing a fold of obstruction of the performance of official duties and other images capturing photographs to related images]. Application of the Acts and subordinate statutes to captures of related images;

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. The sentence of suspended execution under Article 62(1) of the Criminal Act shall be the same as the sentence, comprehensively taking into account the following conditions of sentencing as shown in the records, such as the defendant's age, occupation, character and conduct, family relationship, and circumstances before and after the crime.

- The obstruction of performance of official duties should be strictly punished for a crime that undermines the legitimate exercise of public authority, and that there is no record of being punished for the same kind of crime;

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