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(영문) 대구지방법원 서부지원 2019.06.20 2018고단3026
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

except that 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

1. From Oct. 24, 2018 to Oct. 01:10 on the same day, the Defendant obstructed the victim’s taxi operation by force by obstructing the operation of the taxi on the back of the Daegu Seo-gu B Apartment-dong parking lot from Oct. 24, 2018 to Oct. 21, 01: (a) having arrived at a destination from the victim within the taxi located in the victim D (age 55) drive (age 55); and (b) having the end of the summer-gu B apartment C-dong, the Defendant was under the influence of the victim, who was aground, was aground after the driver’s seat on the back of the summer-gu B-dong parking lot, and was taking a bath to the driver’s seat, thereby obstructing the victim’s taxi operation.

2. The Defendant interfered with the performance of official duties at the date, time, and place stipulated in Paragraph 1, and at the above time, and at the above place, the Defendant interfered with the legitimate performance of duties concerning crime prevention and suppression of the above F F F, who was required by the Assistant Police Station Escoping F to get off the taxi, who was under the influence of alcohol while walking the bridge of the said F, while taking a bath to get off the taxi.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. Application of statutes governing the place of work;

1. Relevant Article 314(1) of the Criminal Act, Article 136(1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. In order to establish the legal order of the country with reason for sentencing under Article 62(1) of the Criminal Act and eradicate the light of the public authority, there is a need to strictly punish the crime of obstruction of performance of official duties, and the Defendant has a record of being punished once by a fine for the same crime.

However, the defendant confessions the crime of this case and repents the mistake, the victim did not want the punishment under the agreement with the victim of the crime of interference with business, and the defendant's age, character and conduct, environment, family relationship, means and result of the crime, and circumstances after the crime.

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