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(영문) 대구지방법원 김천지원 2019.06.11 2019고단162
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 2, 2019, the Defendant was sentenced to a suspended sentence of 8 months by imprisonment with labor for an injury, etc. at the Ulsan District Court on May 2, 2019, and the said judgment became final and conclusive on May 10, 2019.

On January 21, 2019, at around 00:30, the Defendant: (a) received a report from C Bank located in Kimcheon-si B on the 112-day, stating that “the Defendant would not pay a taxi fee;” and (b) assaulted E, a police officer affiliated with the Kimcheon-gu Police Station D (a police box) of the Kimcheon-si Police Station: (c) “I am flick; (d) I am flick, which the police officer had to die in one drinking; and (e) flick, flick and s

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. Defendant's legal statement;

1. Statement to E by the police;

1. A written statement;

1. Report on internal investigation (on-site conditions of police officers entering the scene), investigation report (on-site screen pictures) (on-site screen pictures), and receipt for taxi expenses;

1. Previous records of judgment: Criminal records, inquiry reports, and application of statutes governing judgment;

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

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 month to five years; and

2. Application of the sentencing guidelines: The sentencing guidelines do not apply to the crimes of injury for which judgment has become final and conclusive, and the latter part of Article 37 of the Criminal Act are concurrent crimes. 3. The sentencing guidelines are not applicable to the case of imprisonment for six months (two years of suspension of execution of sentence) with prison labor for the defendant (two years of suspension of execution of sentence). The crime is not good because the defendant assaulted the police dispatched to the scene due to the payment of taxi expenses without any particular reason. In light of the fact that the defendant again assaulted the police who was dispatched to the scene after the crime in question, and that there was a history of punishment against the defendant several times due to violence, etc.

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