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(영문) 대구지방법원 2019.08.14 2018고단5842
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 2, 2018, at around 06:52, the Defendant worked as an employee of the “Crogate” located underground of the Daegu Dong-gu Building B, and the police officer D, who called upon receiving a report of 112 attached to his customer and the time limit, visited him and responded to “I would know you would you would know you would you would you would you you would you you you would you you you you you you you you you you you you you you you you you you you you you you you you you you you you you you you you you you you you you you you you you you you would you you you you you would you you you you you you you you you you you you you you you you you you you you you you want to see the part of the oil of the Erop vehicle parked in front

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning the prevention, suppression and investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A written statement;

1. Application of Acts and subordinate statutes on detailed statement of handling 112 reported cases;

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. Reasons for sentencing under Article 62-2 of the Criminal Act and Article 44-2 of the Medical Treatment and Custody, etc. Act;

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

2. Scope of the recommended sentence according to the sentencing guidelines [decision of type] Scope of the obstruction of performance of official duties [Type 1] / coercion of performance of official duties (special person] - 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 range, imprisonment with prison labor for one month to eight months [the general person] mitigation element - (the general person who is punished] mitigation element - Where the degree of assault, intimidation and deceptive scheme is minor: In cases where the degree of general pride is minor, the reason for suspension of execution - serious reflectness - If the degree of assault, intimidation and deceptive scheme is minor, the reason for suspension of execution is minor: Before the suspension of execution, lack of social relationship, and alcohol addiction at least twice.

3. Determination of sentence: A person who has been punished for the obstruction of performance of official duties for the period of five years prior to the suspension of execution in August, and the risk of repeating a crime is very rough and dangerous considering the nature of the victim, such as drinking habits and the criminal defendant.

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