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(영문) 대구지방법원 김천지원 2021.01.27 2020고단760
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On May 7, 2020, the Defendant, under the influence of alcohol in front of the public parking lot for the Si-U.S. B on May 18:0, 202, was unable to take place in prison for the victim C (M, 64 years of age).

In this sense, the term “Ihnhhhh” refers to “Ihnhhhh,” and the victim’s right-to-hand arms were used as a hand, and the victim’s bridge was used as a part of several occasions.

2. Whether the Defendant interfered with the performance of official duties was at the place and time as referred to in paragraph (1) and at the place and at the same time as referred to in paragraph (1) and where he was dispatched from the slope E belonging to the Gu-U.S. Police Station D;

’ 라며 말하며 오른손으로 E의 팔을 밀치고, 다리로 E의 왼쪽 다리를 2회 걷어찼다.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. C’s statement;

1. Application of Acts and subordinate statutes to report internal investigation (referring to photographs and work logs);

1. Relevant Article 136 of the Criminal Act, Article 136 (1) of the Criminal Act (Interference with the performance of official duties), Article 260 (1) of the Criminal Act, and the choice of imprisonment, respectively, with prison labor;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Scope of punishment by law: Imprisonment with labor for one month to seven years;

2. Scope of the recommended sentences according to the sentencing criteria;

A. Group 1 Crimes (Interference with the Execution of Official Duties) / [Type 1] No interference with the performance of Official Duties / [No person subject to special sentencing] [the territory of recommendations and the scope of punishment] basic area, imprisonment with labor for six months to one year and six months;

B. No. 2 Crimes (Assaults) [Determination of Type] Violence / [No. 1] General Violence (Special Sentencing)] (Scope of Recommendation and Recommendation], Basic Field of Crimes (Scope of Recommendation and Recommendation) , February - October 10

(c) Scope of punishment recommended according to the standards for handling multiple crimes: Six months to one year (the maximum of crimes No. 2).

3. The establishment of legal order and the public authority to commit a crime interfering with the determination of sentence.

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