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(영문) 대구지방법원 2018.11.15 2018고단3980
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 31, 2018, at around 04:10, the Defendant: (a) boarded 2-dong, Yellow-gu, Daegu Suwon-gu, Simpo-dong; (b) demanded that “The fee be reduced at the time of arrival of the fee” be sent to B; (c) however, the Defendant refused the operation of the fee; and (d) requested to assist E in the circumstances belonging to the Gumna-gu, Daegu-gu, Police Station affiliated with the said Dmna-dong, which was working at the Public Security Center; and (c) took a cell phone of the said Public Security Center, the Defendant saw flick-dong, including the car in hand, walked with the vehicle parked around the said Public Security Center, and walked E with the mobile phone, and “E hhho-dong, with his hand, hhod’s hand at two times, and pushed E h’s body.

As a result, the defendant interfered with the legitimate execution of duties of police officers regarding civil petitions.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement protocol by the police for E;

1. Application of Acts and subordinate statutes for report on internal investigation (to put into work for D District Armed Forces);

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The crime is not good in light of the fact that the defendant, on the grounds of sentencing under Article 62-2 of the Criminal Code of the Social Service Order, assaults the police officer on duty, etc.

However, the defendant's age, sex, environment, criminal records, circumstances before and after the crime of this case shall be taken into consideration and the punishment of this case shall be determined as ordered by taking into consideration the following factors: the defendant's age, sexual behavior, environment, criminal records, and the degree of violence is not heavy.

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