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(영문) 대구지방법원 포항지원 2019.01.30 2018고단1420
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

1. On November 12, 2018, the Defendant committed the crime at around 20:45, Nov. 2, 2018, 2018: (a) committed an assault on the front of the “C” on the road located in the Southern-gu, Southern-gu, Chungcheongnam-gu, Seoul-si, with the report of 112 of D that “the Defendant would not pay the taxi fare of KRW 19,700” on the front of the “C”; and (b) under the influence of alcohol by the F of F, who was under the control of the police box of the Poter of the Poter Police Station, sent to the site, “I am back and return home.”

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the handling of reports.

2. On November 12, 2018, at around 20:50 on November 2012, 2018, the Defendant: (a) expressed the desire to “this sprinke, nife, nife, knife, knife, knife, knife, knife, knife, knife, knife, knife, knife, knife, knife, knife, knife, knife, knife,” at the “E police box” located in Nam-gu, Nam-gu, South-gu, Y.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, F, and H;

1. Application of Acts and subordinate statutes to work logs, four damaged photographs, and caps photographs;

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

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent offenders [the scope of recommending punishment] There is no person who has no basic area (6 to 1.6 months) of the obstruction of performance of official duties [the decision of sentence] [the decision of sentence] in light of the method of the crime in this case, the degree of damage, the number of damaged police officers, etc., under the unfavorable circumstances, the defendant is the primary offender, and the fact that the error is recognized shall be taken into consideration in light of the following factors: the defendant's age, character and behavior, environment, motive, means and consequence of the crime.

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