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(영문) 대구지방법원 김천지원 2019.09.05 2019고단454

공무집행방해

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 30, 2019, around 21:06, the Defendant expressed to the head of the police station of the old police station, who was dispatched to the site after receiving 112 report on traffic accident related to the traffic accident caused by the collision between the Defendant’s vehicle and another vehicle in front of the Defendant’s vehicle in front of the Gu, that “the head of the police station of the old police station, 33 years of age, is immediately treated as frightly,” and when the head of the police station D recommended the Defendant to return home, the Defendant committed assault, such as flaging the head of the police station D to fright

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 D by the police;

1. E statements;

1. Application of Acts and subordinate statutes, such as a report on internal investigation (related to attachment of booms recorded with the suspect's appearance of crime), a detailed statement of handling 112 reported cases, a service day for a police box, a copy of a public official's certificate (D);

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. 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. Determination of sentence has the record of punishment for past violent crimes, unfavorable circumstances, such as the fact that the defendant was punished as a previous violent crimes, the attitude of the assault of this case is bad, and the record of the above punishment has been ten years prior to the lapse of ten years, favorable circumstances such as the defendant's reflection of sex, character and behavior, environment, motive, means and consequence of the crime, and all other conditions of punishment specified in the arguments of this case, including the defendant's age, character and behavior, environment, motive, means and consequence, shall be determined