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(영문) 대구지방법원 2019.02.19 2018고단5530
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 becomes final and conclusive.

Reasons

Punishment of the crime

On August 16, 2018, around 18:45, the Defendant assaulted a police officer with regard to the handling of the 112 reported case, on the ground that there was a 112 report, and was dispatched from the slope D belonging to the Daegu Southern Police Station C District of the Daegu Police Station that was dispatched to the site, and that D’s chest was laid down by hand, and continued to fall into the ground floor by cutting off D’s cell phone for business purpose, which was used for the 112 report, and obstructed the police officer’s legitimate execution of duties.

Summary of Evidence

1. Defendant's legal statement;

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

1. Application of statutes governing the place of work;

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. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] No person who has no basic area (6-1 year and 6 months) of the obstruction of performance of official duties (decision of sentence] [decision of sentence]; six months after the suspension of execution; two years after the suspension of execution; the defendant’s age, occupation; occupation; character and conduct; environment; motive, means and result of the crime; records such as circumstances after the crime; and various conditions of sentencing as shown in the argument of this case shall be determined as ordered by taking into account the following circumstances.

D. Unfavorable circumstances: Crimes committed by the defendant who assaults a police officer in the course of performing official duties, and the nature of such crimes is not easy in light of the circumstances and contents of such crimes.

The favorable circumstances: there is no record of criminal punishment exceeding the fine for the defendant.

Defendant is led to confession and reflect.

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