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(영문) 대구지방법원 2019.07.09 2019고단1835
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 April 12, 2019, at around 21:00, the Defendant assaulted the Defendant at around 112 on the receipt and treatment of the 112 Report by a police official on the receipt and treatment of the 112 Report by assaulting the police official on the receipt and treatment of the 112 Report, where the police official belonging to the police station of the Gyeongsan Police Station, who was dispatched after receiving a report 112 on the disturbance of the junator at that time, solicits him to invalid, and the police official belonging to the police officer of the Gyeongsan Police Station, who was called up by the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the police against E (Evidence No. 4);

1. Application of Acts and subordinate statutes to report on investigation;

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

1. Article 62 (1) of the Criminal Act;

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

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 for two years 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: Crimes that the defendant interfered with the duties of police officers in the course of performing official duties, and the nature of such crimes is less severe in light of the circumstances and contents of such crimes.

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

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