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(영문) 대구지방법원 2021.02.03 2020고단6314
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight 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 20, 2020 00:55, the Defendant: (a) heard from D the police officer affiliated with the Daegu Dong-gu Police Station C District District of the Daegu Police Station, which called “Isk for Isk for Isk for Isk for Isk for Isk for Isk for Isk for Isk for Isk for Isk for Isk for Isk for Isk for the 112 report; and (b) stated the police officer’s attitude of “Isk for Isk for Isk

U.S.A., called “N.W.”, the head was sealed towards D’s head, was pushed down by hand, and assaulted on D’s left upper part of D’s chest at one time.

As a result, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. 112 Application of the Act and subordinate statutes on the 112 Reporting Case Handling List and C District Office Work Regulations;

1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act and Article 44-2 of the Act on the Medical Treatment, Care, Custody, etc.;

1. Scope of punishment by law: Imprisonment with labor for one month to five years;

2. Scope of the recommended punishment according to the sentencing guidelines [the types of decisions] / [the category No. 1] interference with the performance of official duties / [the scope of recommendations and recommendations] There is no person subject to special sentencing] [the scope of recommendations and recommendations] basic area, 6 months to 1 year and 6 months [the person subject to general sentencing] - The elements of mitigation [the grounds for suspension of execution] - The grounds for suspension of execution / The person subject to general conviction - The person subject to suspended execution - The person subject to general conviction - The person subject to suspended execution - The person subject to suspended execution at least twice.

3. Determination of sentence: A sentence of imprisonment with prison labor for the same two-year period of suspension of execution in August, and a sentence of imprisonment with prison labor for the purpose of preventing a crime in light of the defendant's drinking habits and impulse disorders and the risk of recidivism in light of the defendant's influence, shall be chosen to prevent the crime: Provided, That a police officer who has suffered from multiple harm does not have different character, and a defendant's act is very rough;

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