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(영문) 대구지방법원 2019.08.20 2019고단2929

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

On May 9, 2019, the Defendant: (a) around 23:00, at a main point located in Nam-gu, Daegu-gu, Daegu-gu, and received a report of 112 related to the unretake-out at that time and recommended the Defendant to pay the drinking value; (b) the police officer belonging to the Daegu-nam Police Station B District B District of the Daegu-nam Police Station, called the Defendant; (c) the Defendant expressed a desire to do so; and (d) at the face of the above C on drinking, the Defendant obstructed the police officer’s legitimate execution of duties concerning the receipt and treatment of the

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to investigation reports (Attachment to the B District District Office of Night Service on May 9, 2019);

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. 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;

2. Determination of sentence: Determination of sentence: Imprisonment with prison labor for six months, probation for two years following the suspension of execution, and other records, such as the defendant's age, occupation, character and conduct, environment, motive, means and result of the crime, circumstances after the crime was committed, and the conditions of various sentencing as shown in the arguments of this case shall be determined as the order.

D. Unfavorable circumstances: A crime that interferes with the performance of duties by a police officer under the influence of alcohol, and whose nature of the crime is minor in light of the circumstances, contents, etc. of the crime.

The favorable circumstances: The defendant is led to confession and reflect.