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(영문) 대구지방법원 2020.04.16 2020고단781
공무집행방해
Text

A defendant shall be punished by imprisonment for one year.

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

Around 01:32 on February 2, 2020, the Defendant was found to have been under the influence of alcohol by the head of the police station located in the Daegu Jung-gu Police Station B District, Daegu Jung-dong 1, Daegu-dong 119 Safety Center prior to the 1119 Safety Center. The Defendant was found to have been under the control of the head of the police station B District of Daegu Jung-gu, Police Station B District, which was called upon upon 112, to have been subject to the Defendant’s act of opening a taxi driver’s seat and taking a bath to the taxi driver under the influence of alcohol, etc., and thus, the Defendant was likely to cause harm to himself or other people due to the influence of alcohol, such as putting the taxi driver’s bath, such as the “sc

At around 01:47 of the same day, the Defendant carried on the back seat of the patrol vehicle and moved to B for the foregoing reasons, carried a bath to the Do chief, who was seated in the Do chief, and pushed off the head of the above Do chief over three times in total.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the handling of reported cases and protective measures by police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes of report on internal investigation (referring to report, 112 report sheet and document attached to work logs in the B district), investigation report (written checks and official identification card);

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. The scope of recommendation [decision of type] according to the sentencing guidelines for sentencing under Article 62-2(1) of the Social Service Order Criminal Act: The obstruction of performance of official duties [Class 1]/ coercion of official duties [Special Aggravation]: Aggravation of concurrent crimes not concurrent crimes [the scope of recommendation field and recommendation range] increased area, imprisonment with labor for a year to four years: The defendant has already committed a crime of exercising force against police officers performing official duties despite the previous conviction.

The favorable circumstances: Provided, That it is true that the defendant makes a confession of the crime and does not repeat the crime, and the victim's warning shall be given.

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