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(영문) 대구지방법원 2018.04.12 2017고단6055
공무집행방해
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 19, 2017, the Defendant: (a) 23:20 around 23:20, on the street in front of the Kostcocoon located in Daegu Northern-gu, 97, and (b) d police officers belonging to the Daegu Northern Police Station C District in the Daegu Northern Police Station called “Isk for a taxi engineer to go to the taxi engineer; (c) Hask for a police officer to go to the taxi engineer; and (d) Hask for a police officer’s desire to “Isk to go to the inside, Isk for a while assaulting the police officer’s left part of the arms at two times, etc. on the left part of the police officer’s criminal investigation.”

Summary of Evidence

1. Each legal statement of witness D and E;

1. Statement made by the police against D or E;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment to a work site in the C District);

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Where the scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] is minor that the degree of interference with the execution of public duties, such as assault, intimidation, deceptive scheme, or public duties, in the mitigated area (one month to eight months). (Interference with the performance of public duties and coercion of duties)

2. Circumstances unfavorable to the determination of sentence: The crime committed against a police officer wearing a uniform does not seem to be weak in terms of the nature of the crime. According to the evidence revealed earlier, even if the fact that the Defendant committed the instant crime is sufficiently recognized, the degree of assault committed by the Defendant is relatively minor. The degree of assault committed by the Defendant is relatively minor. Taking into account all the circumstances, such as the Defendant’s age and occupation, motive, background, means and consequence of the instant crime, and circumstances that are conditions for sentencing, such as the Defendant’s age and occupation, the criminal intent, method and consequence of the instant crime, and subsequent circumstances.

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