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(영문) 대구지방법원 2019.01.10 2018고단5278
공무집행방해등
Text

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

Reasons

Punishment of the crime

1. Around October 29, 2018, the Defendant assaulted the victim’s neck in front of his 496 Seo-gu, Taegu, Daegu-gu, on the street, with the victim B (ma, 65 years of age) and Sivic, under the influence of alcohol, with the victim’s knife knife knife knife knife knife knife knife knife knife knife knif

2. The Defendant interfered with the performance of official duties at the above date, time, and place, and obstructed the police officer’s legitimate execution of duties concerning the handling of the reported case 112 report, which was sent to the site after receiving the aforementioned 112 report, by the police officer D of the Daegu Southern Police Station C police station, who was called to the site, for the confirmation of the circumstances of the case and for presentation of identification cards.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement related to D and B;

1. Application of Acts and subordinate statutes to investigation reports (Attachment to a detailed statement for handling 112 reported cases);

1. Relevant Article 260(1) of the Criminal Act, Article 136(1) of the Criminal Act, and Article 136(1) of the Criminal Act, and the choice of imprisonment, respectively, for the crime;

1. Criteria for sentencing the reasons for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

(a) Type 1 (Scope of Recommendation) of the Obstruction of Performance of Official Duties (Obstruction of Performance of Official Duties)

(b) Type 1 (General Violence) and the basic area (two to ten months) of the crimes of violence;

C. The scope of final sentence due to the aggravation of multiple offenses: The sentence of June to November shall be determined by comprehensively taking into account the following circumstances: the Defendant’s age, occupation, character and conduct, family relationship, and other circumstances before and after the commission of the offense:

- Since the obstruction of performance of official duties needs to be strictly punished for crimes that circumvent the legitimate exercise of public authority, each of the crimes of this case is also committed during the suspension of execution due to the crime of obstruction of performance of official duties.

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