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(영문) 대구지방법원 서부지원 2019.07.23 2019고단497
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

At around 21:50 on November 5, 2018, the Defendant: (a) expressed his desire to pay a taxi fee from a police officer belonging to the Daegu Seo-gu Police Station B District, which was called in front of the Seo-gu Incheon National Sports Center to the 72 Seo-gu, Seo-gu, Daegu National Sports Center; (b) expressed his desire to pay a taxi fee from a police officer belonging to the Daegu Seo-gu Police Station B District, which was called to the scene; (c) was pushed down a police officer’s chest with the right hand; and (d) the slopeD belonging to the same earth was removed from this, while taking a bath to him; and (d) continued to catch his finger by a slope on the right hand.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the prevention and investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to C, D, and E;

1. Application of Acts and subordinate statutes governing taxi charges, taxiss, and suspect identification photographs;

1. Article 136 (1) of the Criminal Act applicable to the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 62(1) of the Criminal Act (hereinafter “Reasons for the suspended sentence”)

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

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 type] The obstruction of performance of official duties [Type 1]/ the coercion of official duties [the scope of the recommended area and recommendation] There is no person who has been forced to perform his/her duties] (the scope of the recommended area and recommendation] basic area, the imprisonment with labor for six months to one year and six months [the general person] [the grounds for suspension of execution] [the grounds for suspension of execution] general pride: there is no serious reflect, there is no criminal record of more than a suspended sentence, and the detention of the defendant entails excessive difficulty for his/

3. Determination of sentence: Six months of imprisonment and two years of suspended sentence;

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