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(영문) 대구지방법원 2019.09.27 2019고단2767

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

except that 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

Around 04:30 on May 6, 2019, the Defendant reported that he was assaulted in front of Daegu Dong-gu B, Daegu-gu, and when D’s police officers belonging to the Daegu Dong-dong Police Station C District of the Daegu Dong-dong Police Station asked his personal information, the Defendant spited D’s body on the face and spited D’s face.

Accordingly, the defendant interfered with legitimate execution of duties concerning the protection of police officers' lives, bodies, and property, prevention, suppression, and investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Each report on investigation;

1. Application of the C District Work Hours Acts and subordinate statutes;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: One to five years of imprisonment;

2. The scope of the recommended sentence according to the sentencing guidelines [decision of types] of the obstruction of performance of official duties: [Type 1] No person shall be subject to the obstruction of performance of official duties or coercion of official duties [the scope of recommended areas and recommendations] (the scope of recommended areas and recommendations] basic area, six months to one year and six months.

3. Determination of sentence: Determination of sentence shall be made in full view of the following circumstances and the defendant's age, character and conduct, environment, motive, means and consequence of the commission of the crime, circumstances after the commission of the crime, and various conditions of sentencing as shown in the arguments in this case:

The crime of this case was committed under the influence of alcohol by the defendant, who was sent to the police station after receiving a report of 112, and was under the influence of alcohol, and the nature of the crime is poor in light of the contents of the crime.

In order to establish the law and order of the state and eradicate the light of the public authority, strict punishment on the crime of obstruction of performance of official duties is needed.

The favorable circumstances are confession and reflective.

There is no criminal record exceeding the same kind of power or fine.