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(영문) 대구지방법원 의성지원 2019.09.19 2019고단166
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On June 26, 2019, at around 22:10, the Defendant, at around 22:10, assaulted the Defendant’s house located in the Cheongsong-gun B, who was asked the Defendant of the traffic accident D 1 ton of the vehicles that occurred at the parking lot C, and was asked the Defendant of the circumstances of the instant case from F of the police box that he confirmed that the borrower was the Defendant, the Defendant: (a) expressed that “Yh, hacked by this sark, hackk kack,” and assaulted the F in his hand, such as sarking the f.

Accordingly, the defendant interfered with legitimate performance of official duties by police officers in relation to traffic accident management.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. The details of 112 reported, the place of work, and the application of Acts and subordinate statutes governing damaged photographs;

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

1. The sentence identical to the order shall be determined by comprehensively taking into account the following circumstances under Article 62(1) of the Criminal Act: the defendant’s age, environment, character and conduct, motive of the crime, means and consequence of the crime, and the circumstances after the crime was committed.

It is necessary to strictly punish the crime of obstruction of performance of official duties as a crime detrimental to the function of the state by nullifying the legitimate exercise of public authority.

On August 26, 2019, a part of damage was restored by deposit of KRW 1 million on behalf of the victim, which was recognized by the defendant's mistake, without any same power, the degree of damage is relatively unhued.

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