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(영문) 대구지방법원 2019.08.29 2019고단1359

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

At around 08:00 on January 26, 2019, the Defendant visited the said area as a taxi engineer and Si guard at the time, but at the time the case was resolved, when the police officer belonging to the said area requested the return of home, the Defendant committed violence, such as taking the attitude that the Defendant would have been able to live in the balth of the said D, and taking the balth of the balth of the said D, and obstructing the police officer’s legitimate execution of duties in relation to the prevention, suppression and investigation of the crime.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Written statements of D;

1. Application of Acts and subordinate statutes on police statement to E;

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. The scope of the recommended sentence according to the sentencing guidelines [decision of type] the obstruction of performance of official duties [Type 1]/ the obstruction of performance of official duties [the scope of recommendation field and recommendation range] there is no person subject to the coercion of official duties] (the scope of recommendation field and recommendation range] basic area, six months to one year and six months;

2. Decision of sentence: The crimes that obstruct the legitimate execution of duties by assaulting police officers under the influence of alcohol shall be deemed to be poor;

However, the sentencing conditions indicated in the records of this case, such as the defendant's age, character and conduct, family relationship, and circumstances before and after the crime, shall be determined by taking into consideration the following factors: (a) the defendant's first offender is recognized and reflected in the crime; and (b) the sentencing conditions