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(영문) 대구지방법원 2019.07.17 2019고단1942
공무집행방해
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

At around 02:00 on April 17, 2019, the Defendant committed assault to prevent, suppress and investigate police officers' crimes by breaking the body of the said D, by pushing away the taxi on his hand, and committing assault to prevent, suppress, and investigate police officers' crimes, after paying the taxi fare to D through arbitration of the police officers belonging to the Daegu Northern Police Station C District of the Daegu Northern Police Station, a police officer belonging to the Daegu Northern Police Station, who was under patrol, during the patrol, while carrying out the taxi expenses at the same time.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to public officials' certificates, copies of work logs;

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal 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: 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:

Disadvantageous circumstances: It is necessary to impose strict punishment on the crime of obstruction of performance of official duties in order to eliminate the poor quality of the crime in light of the contents of the crime and to establish the state's legal order and eradicate the light of public authority

The favorable circumstances: A confession and reflects crimes.

There is no power of the same kind.

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