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(영문) 대구지방법원 2018.08.31 2018고단2093
공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

The Defendant, at around 12:10 on April 17, 2018, reported to the head of his office in Daegu Northern-gu, Daegu-gu, Seoul-gu, 2018, to the effect that “the suspicion of domestic violence is doubtful,” and received a report from the head of the police station affiliated with the police station in Daegu-gu, Seoul-gu, Seoul-gu, upon receipt of a request for a presentation of identification card from D, who was called out to the Defendant, “the new head of feine will give a certificate of identification to the head of feinite.”

”라고 욕설을 하면서 손으로 D의 가슴을 1회 밀고 발로 D의 왼쪽 무릎을 1회 걷어찼다.

Accordingly, the Defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases.

"2018 Highest 3274"

1. On May 3, 2017, around 09:20 on May 3, 2017, the Defendant affected the victim’s residence by opening the 205 door door to the victim’s 205 door in order to comply with the past drinking value problem. The Defendant entered the said 205 door to the victim’s residence.

2. The Defendant of the assault shall enter the victim’s above 205 at the date, time, and place mentioned in paragraph 1 as mentioned above, and the victim’s death shall be discarded.

"At the same time, the victim assaulted the victim, such as threatening him/her to display his/her drinking in front of the victim."

Summary of Evidence

"2018 Highest 2093"

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A copy of the work log and the list of reported cases 112 "3274";

1. Statement by the defendant in court;

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

1. Relevant legal provisions of the Criminal Act, Article 136(1) of the Criminal Act (Interference with the performance of official duties), Article 319(1) of the Criminal Act (a point of intrusion upon residence), Article 260(1) of the Criminal Act (a) of the Criminal Act, and the choice of imprisonment for a crime;

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. Although the defendant, for the reason of sentencing under Article 62(1) of the Criminal Act, committed the instant crime even though he was sentenced to a fine twice for the same crime, the defendant committed the instant crime.

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