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(영문) 대구지방법원 포항지원 2019.10.23 2019고단932

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 becomes final and conclusive.

Reasons

Punishment of the crime

At around 08:20 on June 23, 2019, the Defendant: (a) boarded a cab operated by B from the T taxi located in the southwest-gu port, and had it operate to the west-gu, Yancheon-gu, Southern-gu; (b) on the same day, at around 08:45, the Defendant did not pay the payment thereof; and (c) he heard from F, “A police officer assigned to the said police box who received 112 a report and called “I pay for taxi expenses and returned home.” Then, the Defendant saw the police officer “I am about several me, I am, I am, I am son, I am a bitch, I am a bitch, I am a bitch, I am a part of the said police officer’s left mouth, “I am a bit of bit of bit of bit of bit of bit of a bit of bit of a bit of a bit of a bit of bit of a bit of a bit.”

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning 112 report handling.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B and F;

1. Photographss of damaged parts, work logs, and copies of public officials' certificates;

1. Application of Acts and subordinate statutes to investigation reports (verification of video CDs);

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

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. In light of the circumstances leading up to the instant crime and the method of punishment, etc., under the unfavorable circumstances that the Defendant was punished for violent crimes and the same kind of crime, the Defendant’s mistake is recognized, and the Defendant has no record of punishment exceeding the fine, respectively, shall be considered in light of the favorable circumstances.