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(영문) 대구지방법원 포항지원 2020.03.24 2020고단122
공무집행방해
Text

The punishment of the accused shall be four months by imprisonment.

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 February 7, 2020, the Defendant assaulted the Defendant, on his hand, on the street “C convenience store” located in south-gu B at the port, with 112 report on drinking traffic accidents, on the ground that E, a police box affiliated with the Posanam Police Station D police box of the Posanam Police Station, who called out after receiving 112 report on drinking traffic accidents, takes a drinking test against the Defendant’s friendly driver F., and used the Defendant’s desire, such as “Isaf spaws and bits that are close to the Defendant’s friendly driver F.”

Accordingly, the defendant interfered with the legitimate execution of official duties concerning the investigation of police officers' crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to G and E;

1. Application of Acts and subordinate statutes to each investigation report (20 pages, 24 pages);

1. Relevant Articles of the Criminal Act and Article 136 (1) of the Criminal Act concerning the crime. Article 136 (Selection of Imprisonment or 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. Scope of punishment by law: One to five years of imprisonment;

2. 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.

3. Determination of sentence: (a) Determination of sentence is made by taking into account all the circumstances, including the following: (b) method and result of the commission of the crime in which the sentence was sentenced; (c) failure to obtain a sentence from the victim; (d) failure to recover damage; and (c) the fact that the Defendant was punished twice by a fine for violent crimes; (d) the Defendant’s mistake is against the Defendant; and (e) the Defendant’s age and career, etc. has no past record of the suspended sentence; and (e) determination of sentence

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