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(영문) 대구지방법원 2018.12.14 2018고단2378
공무집행방해등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

On March 5, 2018, the Defendant committed assault, such as: (a) around 01:00, in Daegu-gu, Daegu-gu; (b) around 112, in response to a 112 report that the assault case occurred on the front side, and (c) the police officer of the Jung-gu Police Station Edistrict in Daegu-gu, Seoul-gu, which was called out, prevented the Defendant; and (b) the police mother used by the Defendant by hand was discharged from the police; and (d) sealed the chest by hand.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on handling 112 reports.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness G, H and I;

1. Application of the law of the police statement protocol to F;

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

1. The fact that the reason for sentencing under Article 62(1) of the Criminal Act on the suspension of execution shows the attitude of disregarding the public authority by assaulting a police officer dispatched under the influence of alcohol is disadvantageous.

However, the defendant's damage caused by the crime of this case is minor, and the defendant has no criminal record of the same kind of violence.

In addition, the sentencing conditions prescribed in Article 51 of the Criminal Act, such as the age, sex, etc. of the accused, shall be determined as per the order.

Rejection of Public Prosecution

1. The Defendant, on March 5, 2018, was assaulted against G by the Defendant at the front of the fourth-gu, Daegu-gu, on March 5, 2018, and at the front of D.

In a misunderstanding of the misunderstanding of the body of the victim G (19 tax)’s breath, the breath was used by the misunderstanding of the body of the victim H (19 tax) and the breath was used to kill the chest of the victim H (19 tax) with the breath, bat the bat, bat the bat of the bat of the victim I (19 tax) with the bat.

2. The instant crime constitutes Article 260(1) of the Criminal Act, and cannot be prosecuted against the express intent of the victim pursuant to Article 260(3) of the Criminal Act.

In this regard, since the above victims expressed their intention not to want the punishment of the defendant around December 13, 2018 after the indictment of this case, Article 327 of the Criminal Procedure Act is applied.

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