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(영문) 대구지방법원 포항지원 2019.06.13 2019고단389
공무집행방해
Text

The punishment of the accused shall be set forth in six months.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 26, 2019, at around 23:30, the Defendant, while boarding a taxi operated by B, failed to pay the operating fee, and led the Defendant to the E box of the Pohang Police Station located in B in the north-gu, Pohang-gu, Pohang-si.

On March 26, 2019, the Defendant at the above police box around 23:37, at around 26:37, when the Defendant: (a) prevented the Defendant from committing a threatening act against B from the police officer F, who belongs to the above police station; and (b) caused the Defendant to go to the left part of F by drinking.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the prevention of crimes under Article 2 subparagraph 2 of the Act on the Performance of Duties by Police Officers.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. B written statements;

1. The service log of the police box;

1. Application of each statute on photographs;

1. Relevant Articles of the Criminal Act and Article 136 (1) of the Criminal Act concerning the crime. Article 136 (Selection of Imprisonment or Imprisonment);

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

1. The scope of punishment by law: Imprisonment for one to five years;

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 sentence shall be chosen by taking into account the following circumstances: (a) the nature of the crime is not somewhat minor in light of the details of the crime committed and the method of the sentence; (b) the period of probation one time due to violent crimes; and (c) the number of times of punishment has not been used by the victim; and (c) the sentence shall be suspended only once, taking into account all the circumstances, including the following: (a) the defendant reflects the mistake; (b) the defendant is a contingent crime; and (c) the fact that there is no force to commit a crime sentenced to imprisonment;

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