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(영문) 대구지방법원 경주지원 2018.11.14 2018고단384 (1)
공무집행방해
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.

Reasons

Punishment of the crime

On April 27, 2018, the Defendant was at the D's house located in Simsi on April 21:10, 2018, and the Defendant was asked to check from the police officer, who was a police officer in charge of the racing and police station E box, who was dispatched to the scene after receiving the report of the above D's 112, to prevent the Defendant from entering the above D's house. The Defendant was tightly pushed down the F's body, carried by hand, carried by hand the F's police blick, and continued to keep the F's "I are Ne police,"

Before being d., we plicked the F's arms with hand by plicking, "Is down the death."

Accordingly, the Defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the witness F in the third public trial records;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling List;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] The grounds for sentencing under Article 62(1) of the Criminal Act [the scope of the recommended sentence] are as follows: (a) the mitigated area (one month to eight months) [the special mitigated person] [the degree of violence, intimidation, deceptive scheme, or interference with public duty is minor] (the decision of the sentence] the defendant who assaults a police officer while performing public duties but denies it.

However, the defendant made a statement that he was sent to police officers in the last statement.

In full view of the facts that the defendant has no criminal history, the extent of violence is minor, and other various sentencing conditions in the records, such as the defendant's age, sexual conduct, environment, family relationship, circumstances after the crime, etc., the sentence like the order shall be imposed.

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