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(영문) 대구지방법원 2019.07.10 2019고단1886
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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 March 25, 2019, at around 23:30 on March 25, 2019, the Defendant: (a) at the C main station located in Sinsan City B, who was reported at around 112, and was urged to return home from E during the police box belonging to the police station of the Gyeongsan Police Station, who was called for after being reported at around 112, and was able to take care of E, and (b) was able to take care of E in drinking; and (c) E was able to open the front door of the patrol vehicle and to take on board with his hand and interfere with the legitimate execution of duties by police officers regarding the receipt and handling of reports.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of the Acts and subordinate statutes to Dobbbboxes and video CDs

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election 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] the obstruction of performance of official duties and coercion of duties [Special Convicts] - mitigated elements: In cases where the degree of violence, intimidation and deception is minor, [the scope of the recommended area and the recommended punishment] mitigation area, there is no person who has been sentenced to imprisonment for one month to eight months [the grounds for suspension of execution] [the grounds for suspension of execution] major pride: In cases where the degree of violence, intimidation and deception is minor, the grounds for general pride are clear, serious reflects, there is no criminal conviction above the suspension of execution, and the detention of the defendant entails excessive difficulty to his/her dependants.

3. Determination of sentence: Imprisonment with prison labor for six months, in that it uses violence against a police officer who solicits him/her to return home in a cafeteria with the suspension of execution of one-year period of imprisonment, the crime is not less and less severe, and thus, the police officer is not even different, and the defendant is in depth and has no record of being punished by imprisonment without prison labor or heavier, and is stable.

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