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(영문) 대구지방법원 2020.10.29 2020고단4172
공무집행방해
Text

A defendant shall be punished by imprisonment for 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 July 23, 2020, the Defendant expressed to the effect that, in front of the entrance entrance of the Daegu Jung-gu C District District, the Defendant reported to the effect that “I will not dump in the taxi,” he shall take a cell phone from the Defendant to get the Defendant to leave the said taxi and check the Defendant’s personal information to “I would dump the mobile phone so that I would get the Defendant to leave the said taxi, I would ask the Defendant to inquire about his domicile if I would dump of the mobile phone, or notify his father’s personal information.” The Defendant interfered with the Defendant’s legitimate execution of duties, such as “I would dump, I would dump you will see his father’s son’s son and son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son, as he might see the head of the above funeral.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police in relation to D; 1. Handling the report case, and the service log in the C District District;

1. Application of the Acts and subordinate statutes to a CCTV image closure photograph;

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

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

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. Determination of sentence: Determination of sentence shall be made in full view of the following circumstances and the defendant's age, character and conduct, environment, motive, means and consequence of the commission of the crime, circumstances after the commission of the crime, and various conditions of sentencing as shown in the arguments in this case:

Unfavorable circumstances: the Defendant is performing official duties in such a way as to display a drinking, as he or she takes a bath to the police who intends to protect himself or herself under the influence of alcohol.

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