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(영문) 대구지방법원 2019.08.14 2019고단2522

공무집행방해

Text

A defendant shall be punished by imprisonment with prison labor for up to 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 19:10 on April 24, 2019, the Defendant: (a) sought an inquiry about the circumstances of the instant case from E by the police box affiliated with the Yeongdeungpo-gu Police Station D police station, which called “I am out of time, I am out of time, but I am out of time, I am out of time,” and assaulted E face of E with a mobile phone cited by his hand.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in relation to the prevention, suppression and investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning E and F;

1. Application of Acts and subordinate statutes to photographs of damaged parts;

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

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] Scope of the obstruction of performance of official duties / [Type 1] / coercion of performance of official duties - mitigated elements: In cases of minor degree of assault, intimidation and deception / [the scope of the recommended area and the recommended punishment ] mitigation area / imprisonment with prison labor 1 to 8 months [the general person who is punished] mitigation element - In cases of minor degree of assault, intimidation and deceptive scheme / [the grounds for suspension of execution] - Where the degree of assault, intimidation and deceptive scheme is minor - In cases of minor degree of assault, intimidation and deceptive scheme - Reasons for suspension of execution - In cases of minor degree of assault, intimidation and deceptive scheme - General pride are accompanied by excessive difficulty to the family members of the defendant.

3. Determination of sentence: A crime committed in a state of falling under the condition that it is impossible to find a house due to a drop in the number of years of suspended sentence for six months due to a drop in the number of years, etc., and the defendant's act of falling under the condition that it is difficult to find a house for him/her for him/her to go on a low level. The defendant's act of falling under the condition that he/she is found to be a kind of drinking after he/she was left, and his/her letter is received, his/her act of falling under the first sentence against a victimized police officer, and the defendant