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(영문) 대구지방법원 2019.03.14 2019고단396
공무집행방해
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

At around 01:50 on December 19, 2018, the Defendant received a report from the head of the police station located in Daegu Jung-gu, Daegu, to return home from the Defendant at the site after receiving a report from the head of the police station located in the D Zone of the Daegu Jung-gu Police Station, which called the site on December 19, 2018, and received a recommendation from the Defendant to return home from the Defendant. The Defendant interfered with the legitimate execution of duties of the police officer in relation to the handling of the report of the instant case by assaulting the Defendant, such as: (a) why the inside of the country would be drum, knife, knife, and mar; and (b) why the Defendant would go off the site by getting on the patrol vehicle and going off the site; and (c) interfered with the police officer’s legitimate performance of duties in relation to the handling of the report of this case.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. The work log in the D District;

1. Application of Acts and subordinate statutes to report internal investigation (in cases of dispatch to the site and attachment of photographs), investigation report (in cases of attachment to a police officer sent to the site and a bar scam).

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

1. Article 62 (1) of the Criminal Act;

1. Probation and circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The court shall determine the punishment as ordered in consideration of the various circumstances shown in the arguments of this case, such as the defendant's age, character and conduct, environment, family relationship, motive and consequence of the crime, and the circumstances after the crime, etc., which are shown in the arguments of this case, in consideration of the following circumstances: The confession and reflect of the history of punishment as a suspension of execution of imprisonment for the same kind of crime:

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