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(영문) 대구지방법원 2020.10.29 2020고단4563
공무집행방해
Text

A defendant shall be punished by imprisonment for 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 July 30, 2020, at around 00:50 on July 30, 2020, the Defendant committed assault, such as, under the influence of alcohol, the Defendant: (a) the police box affiliated with the Daegu Gangseo Police Station B, which was called upon by the Defendant, check the Defendant’s c to have his cryp on the roadway; (b) the Defendant was able to have the Defendant go back to the roadway; and (c) the Defendant c was able to have the cryp the chest part of the c's chest part on the cryp on the cryp of the cryp in order to let the Defendant go back to his dwelling.

Accordingly, the defendant interfered with legitimate execution of duties concerning the protection of police officers' lives, bodies and property, prevention, suppression and investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Each report on internal investigation:

1. A copy of a working day, and the results of handling a reported case; and

1. Application of Acts and subordinate statutes concerning the case

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

1. Reasons for the suspended sentence under Article 62 (1) of the Criminal Act;

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] 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: Determination of sentence shall be made in full view of the following circumstances and the defendant's age, character and conduct, environment, motive, means and consequence of the commission of the crime, circumstances after the commission of the crime, and various conditions of sentencing as shown in the arguments in this case:

D. Unfavorable circumstances: The Defendant assaulted the police to get a drunk to board the patrol vehicle to return home, and obstructed the performance of official duties by the method of cutting the patrol vehicle, so the corresponding punishment is required.

The favorable circumstances: The crime is recognized.

There is no record of punishment for the same crime.

was damaged to the police who was abused.

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