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(영문) 대구지방법원 2019.09.10 2019고단3660

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 03:10 on June 15, 2019, the Defendant: (a) reported 112 at the Daegu Dong-gu Budio, Daegu-gu, 2019 that “the second floor corridor was occupied by a guest; (b) sought to return home from the Daegu Dong-dong Police Station C District of the Daegu Police Station; (c) sought to assault the reporter by drinking him; (d) he was subject to the foregoing circumstances D, Gyeong-gu, and Gyeong-gu, E, who was informed by the reporter from the above circumstances D, Gyeong-gu, and Gyeong-gu, Gyeong-gu, Seoul; and (c) assaulted him with drinking.” (i) By entering the home, the Defendant assaulted him, “I will kill him.”

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. Statement by the defendant in court;

1. A written statement;

1. Application of each police protocol of statement to D and E;

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. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

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

2. Scope of the recommended sentence according to the sentencing guidelines [decision of types] of the obstruction of performance of official duties or coercion of duties (special sponsor]: Where the degree of violence, intimidation and deception is minor, the factors of aggravation: In cases of multiple public officials who have suffered damage, the basic area of the recommendation area and the scope of the recommended sentence], and six months to one year and six months;

3. Determination of sentence: The defendant's age, character and conduct, occupation, family relationship, environment, and circumstances are as follows: 6 months of suspended sentence - 2 years of suspended sentence - two police officers interfered with the performance of their official duties due to drinking, etc. - the time of committing a crime; - The fact that there was no physical contact with each other, but there was a history of punishment for multiple violent crimes.