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(영문) 대구지방법원 2018.09.11 2018고단2726
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On May 27, 2018, the Defendant: (a) was under the influence of alcohol around 02:41, on the ground that the entrance was opened by the Defendant’s wife, and the entrance was opened in front of the Daegu-gu Seoul-gu Seoul-gu Seoul-gu Seoul-gu 301; (b) the police officer E, who was dispatched upon 112, asked the circumstances of the instant case by the police officer E at the police station of the Daegu-dong Police Station D District, who was dispatched to the 112 report; (c) did not answer the case; (d) the police officer sent together with the police officer E, who continued to open the door, opened the door, cut off the entrance, and opened the entrance, and opened the entrance to stop the Defendant; and (d) on the ground that the police officer F, who was called together with E, was unfolded with the police officer E, who opened the entrance.

Before bitch bitch bitch bit, etc., the driver tried to take the face of F by head, and tried to cover the snow and trees of F by hand, and obstructed the police officer’s legitimate performance of duties concerning public peace and order maintenance by assault, such as smuggling of F by police officers E by hand.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Article 136 (1) of the Criminal Act applicable to the facts constituting an offense;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order [the scope of recommended punishment] There is no basic area (from June to one year and six months) (the person who is subject to special sentencing] [the decision of sentence] imprisonment with prison labor for 6 months, or for 2 years of suspended sentence, which is disadvantageous to the execution of official duties, the nature of crime is not good.

The favorable circumstances were led to confession and reflect.

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