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(영문) 대구지방법원 2019.07.16 2019고단2542
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 23:40 on May 10, 2019, the Defendant was living in front of the C Bank located in Daegu Northern District B, which was reported to 112, and assaulted the Defendant, who was living in front of the C Bank, with the slope E belonging to the D Zone in the Daegu Northern Police Station D District, which was called the Defendant at the road, with the notification of 112, by shouldering the Defendant, “sat down.” The Defendant shacked the said slope E, who was sat down to the said slope E, and sat down the said slope E, and sat down the said slope E.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the protection of police officers' lives, bodies, and property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written statement;

1. Application of Acts and subordinate statutes to a copy of work log in the D District, a public 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. 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: The defendant is led to confession and reflect.

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