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(영문) 대구지방법원 김천지원 2020.06.11 2019고단1601
공무집행방해
Text

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

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

At around 20:20 on November 12, 2019, the Defendant: (a) received a 112 report stating that “the Defendant drinks and drinks to drink;” and (b) received a request for returning home from a police officer, etc., who is a police officer belonging to the Gu Police Station D District Unit of the Gu Police Station, on the ground that he received a request for returning home from the police officer, etc., who is a police officer belonging to the Gu Police Station D District of the Gu Police Station, who called “Chewing and scars.” (b) was scard on the floor; and (c) committed assault against the Defendant at the time of drinking.

Accordingly, the defendant interfered with legitimate execution of duties concerning the handling of reports and maintenance of order by police officers.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

1. Application of Acts and subordinate statutes to report internal investigation (which shall be related to attachment of a list of reported cases) and a report on investigation (which shall be related to attachment of a list of reported cases);

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service 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] 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. The fact that the Defendant, who was sentenced to the sentence of imprisonment in 2017, was sentenced to the punishment of two-year suspended sentence for the crime of assault in 2017, was sentenced to the punishment of two-year suspended sentence. However, the degree of obstruction of performance of official duties is relatively small, and the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, etc., and all of the sentencing conditions specified in the arguments of this case, including the circumstances after the crime, shall be determined as the same as the order.

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