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(영문) 대구지방법원 2019.08.14 2019고단2310
공무집행방해
Text

A defendant shall be punished by imprisonment for one year.

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

On March 21, 2019, at around 22:13, the Defendant committed an assault, such as taking a bath in front of the park located in Daegu Northern-gu B, Daegu Northern-gu, on the ground that the circumstances leading up to the police box belonging to the Daegu Gangseo-gu Police Station D police box called upon the Defendant’s report that an acting driver assaultss himself/herself, did not arrest a acting engineer, and taking a breath of E’s chest, and taking 3-4 times as her head, etc.

Accordingly, the defendant interfered with legitimate execution of duties concerning the protection of police officers' lives, bodies, and property, prevention, suppression, and investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning E or F, or a copy thereof;

1. A written statement of F and G;

1. Application of the statutes governing the place of service for a police box;

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for the sentencing of Article 62-2 of the Criminal Act in regard to probation, community service or lecture attendance 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] the obstruction of performance of official duties [Type 1]/ the coercion of performance of official duties] - Where the degree of violence, intimidation, and deceptive scheme is minor, the element of aggravation is minor: The motive of crime [the scope of recommending and recommending punishment], the basic area of the motive of crime [the scope of recommending and recommending punishment], the imprisonment for six months to one year [the general person] [the reason of suspension of execution] - Where the degree of violence, intimidation, and deceptive scheme is minor, the major reason for suspension of execution is minor - The motive of crime to be criticized - there is no criminal record of suspension of execution or more than that of general pride - there is no effort to recover damage.

3. Determination of sentence: To make a false report to an acting engineer, such as a suspended sentence of one year, that he/she was assaulted by an acting engineer, etc.; to request the police officer in mobilization to conduct an investigation into his/her place of residence; to continue to kill himself/herself; to dispatch him/her several times, and to dispatch him/her to the 119 first responder on several occasions;

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