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(영문) 대구지방법원 2019.09.04 2019고단2173
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

On May 25, 2017, the Defendant was sentenced to a suspended sentence of two years for a period of imprisonment with prison labor for an injury at the Daegu District Court for the same year.

6.2 The judgment became final and conclusive.

On January 10, 2019, in front of the C store located in Daegu-gu, Daegu-gu, 01:08, the Defendant: (a) at the time, when the problem of the taxi engineer and fee rate was found, the Defendant assaulted E by means of assaulting the police officer regarding the receipt and handling of the 112 report by the police officer on the 112 report in order to enable the Defendant to return to his home, and to return to his home after getting on the patrol seat; (b) he took a bath to the patrol car; and (c) the Defendant sent his hand between the difference in the windows of the patrol car driver’s seat and the difference in the windows of the patrol car; and (d) interfered with the legitimate execution of duties of the police officer on the receipt and handling of the 112 report.

Summary of Evidence

1. The defendant's statement on the third trial date in court;

1. Statement of prosecutorial statement concerning E;

1. Statement of the police statement of E;

1. A written statement;

1. A copy of work log in the D District (time) and a list of reported cases;

1. Application of Acts and subordinate statutes as a result of the patrol booms and CCTV images CD reproduction;

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. Scope of applicable sentences under law: One to five years of imprisonment;

2. The scope of the recommended sentence according to the sentencing guidelines [decision of types] the obstruction of performance of official duties and coercion of duties (special sponsers] - mitigated elements: In cases where the degree of violence, intimidation and deception is minor, [the scope of the recommended area and the recommended punishment] mitigation area, imprisonment with prison labor for one month to eight months [the general person] mitigation elements: Non-execution of punishment [the grounds for non-execution of sentence] - Major pride grounds for non-performance of punishment - General pride grounds for non-performance of punishment - Voluntary anti-general misconduct grounds: lack of social relationship: lack of social relationship.

3. Determination of sentence: A person who solicits him/her to return home while engaging in a dispute with a taxi engineer for two years after suspension of the execution of six months of imprisonment;

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