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(영문) 대구지방법원 2020.08.26 2020고단2552
공무집행방해등
Text

A defendant shall be punished by imprisonment for not more than ten 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. On May 9, 2020, the Defendant: (a) around 15:00 on May 15, 2020, at “D” stores operated by the Victim C in Daegu-gu, Daegu-gu, the Defendant: (b) laid off clothes for the purpose of sale; and (c) laid off clothes from the display stand; and (d) laid off clothes from the floor of the display stand, and (e) laid down such clothes.

Accordingly, the defendant has harmed the utility of others' property.

2. At around 16:50 on May 9, 2020, the Defendant assaulted the Defendant, at the place indicated in paragraph (1), the following: (a) on May 9, 202, the Defendant, who continued to take a bath without disclosing personal information by the slope F belonging to the Daegu Central Police Station E-district of the Daegu Central Police Station called “the Defendant, who did not take a bath to the police officer, humbbly, and humd the back part of the slopeF’s back-to-face humf, and humf’s left side humf’s back humf’s back on one occasion.

As a result, the defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement against F and C;

1. 112. List of reported cases;

1. Application of Acts and subordinate statutes to investigation reports (Evidence List 5);

1. Relevant Article 136(1) of the Criminal Act, Article 366 of the Criminal Act, Article 366 of the Criminal Act, and the choice of imprisonment for the crime;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one to seven years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) First Crimes (Determination of Punishment) (Obstruction of Performance of Official Duties). Obstruction of Official Duties (Type 1 / No person who has been forced to perform his/her duties) (the scope of recommendation area and recommendation area) basic area, six months to one year and six months of imprisonment

B. Group 2 crime (determination of types) (Destruction of and damage to property) is a crime of destruction. General standards [Type 1].

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