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(영문) 대구지방법원 서부지원 2019.09.20 2019고단1898
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

At around 03:10 on June 26, 2019, the Defendant: (a) received a report from the Daegu Seo-gu B apartment Cdong, and used the slope E and c, belonging to the D District of the Taegu Police Station, which called the Defendant, to have the Defendant returned to the Defendant; (b) assaulted the head of the police station F one time by hand.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in regard to the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. During the evidence list, the “C” recorded in the “net G” column in the evidence list is a clerical error of the “F” and thus correct.

Application of Statutes

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. In order to establish a law and order for sentencing under Article 62(1) of the Criminal Act and eradicate the light of the public authority, there is a need to strictly punish a crime that interferes with the performance of official duties, and the Defendant repeats the instant crime despite the same criminal record, the Defendant’s liability for the crime is heavy.

Meanwhile, in full view of all the circumstances such as the fact that the defendant's mistake is recognized and the defendant does not repeat the crime while committing a crime, inconvenience is caused by cerebral diseases, etc., economic situation is difficult (such as recipients of basic living), and other degree of damage, details of the crime, degree of the crime, circumstances after the crime, the prosecutor's punishment (six months of imprisonment). It is so decided as per Disposition.

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