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(영문) 대구지방법원 김천지원 2019.08.29 2019고단356

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 02:05 on April 10, 2019, the Defendant assaulted “C” restaurant operated by the Defendant in the Gumi-si B, and “I am deadly, I am deadly, I am deadly, I am deadly, I am deadly, I am deadly, I am deadly, I am deadly, I am deadly, I am deadly, I am deadly, I am deadly, I am deadly, I am deadly, I am deadly, I am deadly, I am deadly, I am deadly, I am deadly, I am deadly, I am deadly, I am am deadly, I am am deadly, I am am deadly, I am am deadly, I am am am deadly, I am am deadly, I am am deadly, I am am deadly.”

Accordingly, the defendant interfered with legitimate execution of duties concerning the prevention, suppression, maintenance of order, etc. of police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to F and E by the police;

1. Each statement of G and H;

1. Application of Acts and subordinate statutes to field photographs, internal investigation reports, investigation reports (Attachment of 112 Report List), investigation reports (Attachment of a copy of work log E in the circumstances where the injured party is the victim), investigation reports (Attachment of the victim E and F standing photographs);

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 on probation and 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. The criminal defendant who was sentenced to criminal punishment several times as violent crimes, and the criminal defendant committed the crime in this case during the suspension period of the execution of imprisonment with prison labor for six months as he/she was sentenced to criminal punishment for a violation of the Road Traffic Act in 2017, and committed the crime in this case, which is disadvantageous to him/her.