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(영문) 대구지방법원 2019.09.04 2018고단3723
공무집행방해등
Text

A defendant shall be punished by imprisonment for not more than ten months.

except that 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

1. On July 30, 2018, the Defendant committed assault, at the main point of the “C” located in Yongcheon-si B, with a view to calculating the drinking value, the Defendant: (a) committed assaulting the police officer’s legitimate performance of duties concerning the handling of the reported case, such as a flab, who was requested to return home from the relevant slope of the Youngcheon Police Station D (a police box) sent to the site after being reported 112; and (b) flab, by hand, flabing off the ebbbb, etc.

2. In the above time, place, and where the Defendant received the said report and received the said report as above slope E, the Defendant publicly insultingd the victim by referring the victim to “Yeongcheon Police Station,” while there are a large number of persons, who were in charge of returning home from the victim F of the police box affiliated with the police box of Yeongdeungpocheon Police Station D, which was called as “Yeongcheon Feung”.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. Statement of police statement concerning E and F;

1. Each investigation report and each internal investigation report;

1. A copy of the work log;

1. Application of Acts and subordinate statutes on field photographing video CDs;

1. Relevant Article 136(1) of the Criminal Act, Article 311 of the Criminal Act, and the choice of imprisonment for the crime

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

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

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

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

(a) First Crimes (Determination of Punishment) (Obstruction of Performance of Official Duties). Obstruction of Official Duties (Type 1 / No person who has been forced to perform his/her duties) (the scope of recommendation area and recommendation area) basic area, six months to one year and six months of imprisonment

(b) Second (Determination of Punishment) Crimes of Defamation. [Attachment 1] There is no general insult [Attachment 1] (the scope of recommending and recommending punishment] (the scope of recommending area and recommending punishment] basic area; imprisonment with labor for two months to eight months;

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

3. Determination of sentence: The following circumstances and defendants:

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