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(영문) 대구지방법원 2016.04.29 2016고단983

공무집행방해

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal record] On November 20, 2014, the Defendant was sentenced to two years of suspended sentence to a crime of interference with the execution of official duties at the Daegu District Court, which became final and conclusive on November 28, 2014. On October 20, 2015, the Defendant was sentenced to six months of imprisonment by a crime of interference with the execution of official duties at the Daegu District Court, and the said judgment became final and conclusive on March 22, 2016.

[2] On March 10, 2016, the Defendant: (a) in a large square in Daegu Northern-gu, Daegu Northern-dong 2 A around 09:30 on March 10, 2016; (b) in a large square in which the Defendant was reported that he was a fright, and (c) on the part of the Defendant, upon receiving a report from the Defendant who was under the influence of the Defendant, he was requested to present an identification card from the police officer D, the police officer of the Daegu Northern-gu Police Station C, and the Defendant was requested to present an identification card; and

“Abruting”, the chest part of the said D and E was cut back several times by drinking, and D’s face part was cut up with the hand floor once.

The Defendant interfered with the legitimate execution of duties by police officers regarding the suppression of crimes and the maintenance of order.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Occurrence of a crime that interferes with the performance of official duties, reporting on arrest, and reporting on internal investigation;

1. Previous conviction in judgment: Application of a reply to inquiry, such as criminal history, text of judgment, investigation report (Attachment to the text of judgment, etc.), investigation report (related to the records of confinement of suspects), and statutes;

1. Article 136 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. The latter part of Article 37 of the Criminal Procedure Act: (a) the reason for sentencing under Article 39(1) of the Act on the Handling of Concurrent Crimes; (b) the reason for sentencing [the scope of recommendations] [the reason for sentencing under Article 39(1) of the same Act] shall be deemed a crime committed during the period of repeated crimes in the application of sentencing guidelines, where there are many public officials damaged by the special aggravation area (one to six years), (i) the period of repeated crimes of the same type (one type), but not a crime committed during the period of repeated crimes of the same type; or (iii) the crime committed after the release of detention during a separate trial, which

[Determination of sentence] The defendant is punished for the same crime.