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(영문) 대구지방법원 2020.02.04 2019고단5880
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 28, 2019, around 19:47, the Defendant: (a) on the front side of C in Daegu Northern-gu, Daegu Northern-gu; (b) confirmed the circumstances of the instant case, the police officers, including the above patrolmen, sent out to the D District Unit of the Daegu Gangseo-gu Police Station D District, after receiving a report on vehicle damage; and (c) was tightly boomed by the police officers, who called up for the instant patrolmen; and (d) when the above patrolmen shooting the Defendant into PEA, the Defendant assaulted the Defendant at the face of the said

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in relation to the prevention, suppression and investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of the 112 Reporting Report List, and the Acts and subordinate statutes governing the work log in the D District;

1. Article 136 (1) of the Criminal Act and Article 136 of the same Act concerning the applicable criminal facts;

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

1. 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;

2. Determination of sentence: Determination of sentence: Imprisonment with prison labor for six months, probation one year following the suspension of execution, and other records, such as the defendant's age, occupation, character and conduct, environment, motive, means and result of the crime, circumstances after the crime was committed, and the conditions of various sentencing as shown in the arguments of this case shall be determined as the order.

D. Unfavorable circumstances: The crime committed by the defendant by assaulting a police officer while under the influence of alcohol and obstructing his/her performance of official duties, and the nature of the crime is not weak in light of the circumstances and contents of the crime.

The favorable circumstances: there is no record of criminal punishment exceeding the fine for the defendant.

Defendant is led to confession and reflect.

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