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(영문) 대구지방법원 2018.04.19 2018고단505
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On January 21, 2018, the Defendant listened to the circumstances of the instant case in the Daegu Dong-gu Police Station D District of the Daegu Dong-gu Police Station located in Daegu Dong-gu, Daegu-gu, Daegu-gu, upon receiving a report from the Defendant, who interfered with the operation of the taxi and does not pay a fee due to the knife of the taxi.

D If a request is made by F to present an identification card from the police officer, the police officer belonging to the NAF, the F, “I first indicate the identification card and why why the internal identification card is used.”

A bath was made to “the beginning of the launch”.

On the other hand, the Defendant continued to open the taxi door of E in mind, intending to get out of the earth's cab, intending to speak to F, referring to "Chosia", referring to F as "Chosia", and assaulted F's bridge part of F, which tried to restrain interested Defendant from standing up to the string of the earth.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the investigation of crimes and the maintenance of order.

Summary of Evidence

1. Each legal statement of F and E;

1. Each police statement made to F and E;

1. Application of statutes governing the place of work;

1. Relevant Article 136 of the Criminal Act, Article 136 (1) of the Criminal Act, the reasons for sentencing of sentence of imprisonment with prison labor, and the reasons therefor;

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] and the basic area (six months to one year and six months) (no person subject to special sentencing] shall interfere with the performance of public duties;

2. The Defendant, who was sentenced, committed the instant crime without being aware of the period of suspension of execution due to the same crime.

In addition, in light of the fact that the defendant committed the crime of this case even though he was already punished three times due to similar crimes, including criminal records prior to the suspended execution, the defendant will peep the tendency of the public authority.

According to the evidence mentioned above, even if the defendant committed the crime of this case sufficiently recognized, the defendant was unable to obtain it.

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