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(영문) 대구지방법원 2019.08.21 2019고단2930
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 23, 2019, around 01:40 on May 23, 2019, the Defendant obstructed a police officer’s legitimate execution of duties in relation to the receipt and treatment of reports on 112 reports by assaulting the Defendant of a police officer in relation to the receipt and treatment of reports on 112 reports, when the police officer assigned to the Daegu Middle-gu Police Station D police station, who was dispatched after receiving the report on 112 report related to a non-fluorcing car at the time, to restrain the Defendant, who was in charge of satisfurcing the satis

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of the Act and subordinate statutes to check the place of service and the written notification;

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

1. Grounds for sentencing 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] the obstruction of the performance of official duties [Type 1]/ the coercion of performance of official duties [Special Convicts] - mitigated elements: In cases where the degree of assault, intimidation and deceptive scheme is minor [the scope of the recommended area and the recommended punishment] mitigation area, there is no person who has been sentenced to imprisonment for one month to eight months [the general person] [the grounds for suspension of execution] - Where the degree of assault, intimidation and deceptive scheme is minor: Where the degree of general pride is minor, the reason for general pride is that the defendant's health is extremely high, the defendant's detention is accompanied by excessive difficulty to his/her dependants.

3. Determination of sentence: A sentence of imprisonment with prison labor for six months or one-year suspension of execution, and one-year suspension of sentence for a police officer who solicits him/her to return home, thereby spreading verbal abuse, and thus creating a sentence of imprisonment with prison labor; a police officer who has lost his/her ability to refrain from drinking alcohol that is greater than that of the ordinary level of drinking; a police officer has not been prudented; a defendant has reported his/her grandchildren to him/her in a very rough and highly difficult state in terms of health and economic difficulty; a defendant has no same power; the defendant's age and family relationship.

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