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(영문) 대구지방법원 서부지원 2019.06.04 2018고단2712
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

On October 1, 2018, the Defendant voluntarily operated the district as C in the Daegu-gu, Seogu, Daegu-gu, 23:56 on October 23, 2018, in order to investigate whether or not to take protective measures and make false reports by police officers D, etc. belonging to the police station C district unit dispatched to the site.

On the following day, at around 00:33, the Defendant took a bath for police officers in the course of coming to the front side of the said C Zone and getting off from the patrol vehicle, and took a bath for police officers to stop from police officers D, “this spaws”, and spaws on the left side of the police officer D.

As a result, the Defendant interfered with the legitimate execution of duties of police officials in regard to the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A copy of the notification of department related to the report of 112 cases, or a copy of the C District Work Hours;

1. Application of Acts and subordinate statutes to investigation reports (on the site entry status, etc.);

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

1. In light of the following: (a) the crime that interferes with the legitimate execution of official duties on the grounds of sentencing under Article 62(1) of the Criminal Act is bad in the nature of the crime; and (b) the crime of this case is committed during the dispatch of a police officer by making a false report by the Defendant; and (c) the degree of the crime is serious, it is necessary to punish the Defendant

However, the defendant's wrong recognition of his or her misconduct and resisting that he or she will not repeat the crime, and that the defendant does not have the same criminal record and does not have any criminal record exceeding the fine (one time). The defendant reports two children (one time before 2004, one time after 2006, one time after 2006) of his or her child, the defendant's wife wanting the defendant's wife clearly, and the extent of damage;

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