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(영문) 대구지방법원 포항지원 2019.05.30 2019고단207
공무집행방해등
Text

The punishment of the accused shall be set forth in six months.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 17, 2019, around 01:54, the Defendant: (a) reported domestic violence 112 at the Defendant’s residence located in the north-gu B apartment C, and reported that the victim E (the age of 26) who was a policeman belonging to the Posi Police Station D police box of the Posi Police Station, consulted with the Defendant’s wife related to the domestic violence case; and (b) led to damage to the victim’s reputation, which requires approximately two weeks of medical treatment, by taking the victim’s knife by taking the victim’s knife at one time.

As a result, the Defendant interfered with legitimate execution of duties by police officers regarding suppression and investigation of crimes, and at the same time injured the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A 112 reported case handling box and a senior police box shall be assigned;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 257 (1) of the Criminal Act and Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 (Punishment on Punishment for Bodily Harm Crimes)

1. Selection of imprisonment with prison labor chosen;

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

1. Scope of punishment by law: One to seven years of imprisonment;

2. Extent of recommendation [decision of types] according to the sentencing guidelines, general injury [Type 1] general injury (special injury (special injury) mitigation element): Aggravation factors: In cases of obstruction of performance of official duties (the scope of recommendation area and recommendation range), basic area [the scope of recommendation area and recommendation range], and April through January 16.

3. The punishment against a defendant shall be imposed by imprisonment with prison labor for the defendant considering the details and result of the crime committed by the sentence and the fact that the defendant was not prepared by the victim, and the execution of the sentence shall be suspended only once, taking into account all the circumstances, including the defendant's age and family relation, including the fact that the defendant reflects the wrongness, contingent crimes, the fact that there is no force to commit the same kind of crime,

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