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(영문) 대구지방법원 김천지원 2020.05.14 2019고단1583
특수공무집행방해
Text

A defendant shall be punished by imprisonment for six 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

On November 12, 2019, at the office of the C administrative welfare center located in the Gu, Si, Si, Si, and Gu, the Defendant committed assault by D’s head, who is a dangerous object in the previous year, as a steel matist, under Article 14(1) of the C administrative welfare center (hereinafter “C administrative welfare center”) at the office of the C administrative welfare center located in Gu, Si, Si, and Gu.

Accordingly, the defendant carried dangerous objects and interfered with legitimate execution of duties concerning civil petitions by public officials of the administrative welfare center.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of statutes on site photographs;

1. Relevant Article 144(1) and Article 136(1) of the Criminal Act concerning the crime, the choice of punishment, and the choice of imprisonment;

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

1. Scope of applicable sentences under law: Imprisonment with prison labor for one to seven years;

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. Although the type of crime was inferior in light of the type of crime in which the sentence was sentenced, the defendant agreed with the victim, which is currently not healthy due to dementia, etc., and the defendant's age, character and conduct, environment, motive, means and consequence of the crime, the conditions of all the sentencing specified in the arguments of this case, such as the defendant's age, character and conduct, environment, motive, means and consequence, shall

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