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(영문) 대구지방법원 서부지원 2019.09.26 2019고단836

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 became final and conclusive.

Reasons

Punishment of the crime

On March 15, 2019, at around 01:35, the Defendant refused to pay taxi charges and to return to Korea after receiving a report, from the head of the Daegu Seo-gu Police Station C District at C District of the Daegu Seo-gu Police Station, which was called up on the front of the C District located in Seo-gu, Daegu, Daegu, upon receiving a report, and the Defendant’s demand to pay taxi charges and return to Korea. On the front of the C District, the Defendant: (a) was under the influence of alcohol; (b) was discharged from the said D; (c) was discharged from the taxi; and (d) was discharged from the taxi; and (d) was frighted once by drinking the shoulder of the said D.

Accordingly, the Defendant interfered with the legitimate execution of duties concerning the crime prevention and suppression of the above D, which weared police uniforms.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. E statements;

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. Reasons for sentencing under Article 62(1) of the Criminal Act (see, e.g., Supreme Court Decision 62(1)1 of the Act on the Suspension of Execution)

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 type] The obstruction of the performance of official duties [Type 1]/ the coercion of official duties [the scope of the recommended area and the recommended punishment] There is no person [the person who is a special person] (the scope of the recommended area and the recommended punishment] basic area, six months to one year and six months [the person who is a general person] [the grounds for suspension of execution] - The grounds for suspension of execution of general pride: The person who has a serious reflect or a person who has

3. Determination of sentence: Six months of imprisonment and two years of suspended sentence;