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(영문) 대구지방법원 2020.02.06 2019고단6776
공무집행방해
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On May 17, 2018, the Defendant was sentenced to two years of imprisonment with prison labor for the crime of obstruction of performance of official duties, etc. at the Daegu District Court on December 21, 2018, and on May 27, 2019, the Daegu District Court sentenced six months of imprisonment with prison labor for obstruction of business, etc. at the Daegu District Court on December 21, 2018, and the said sentence became final and conclusive on May 27, 2019, and the said sentence was terminated on December 15, 20

On December 22, 2019, around 06:26, the Defendant: (a) reported at around 06:26, 012, that he was “D going to be a guest; (b)” and sent to the said D, along with the circumstances and F of the police box belonging to the police box belonging to the Gyeongbuksan Police Station, which was called “D to go to a customer; (c) however, the Defendant was able to ask questions of the details of the report from the theodolite F; (d) the Defendant was able to ask questions of why she reported, “I am to go to, and would am to die, I do not want to die, I do not want to die.” On the floor of the hand, the Defendant assaulted F’s chest at once, and her son at once, once.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Place of service;

1. A investigative report (Confirmation of the main pages ofCCTV image);

1. Previous records of judgment: Criminal history records, investigation reports (verification of the fact that the period of repeated crime is being confirmed), case summary agreement assistance meetings, three copies of the judgment, the status of acceptance by individuals, investigation reports (verification of the effect of suspended execution against the suspect), case inquiry, and application of Acts and subordinate statutes of a written judgment;

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

1. The scope of recommendations according to the sentencing guidelines for sentencing under Article 35 of the Criminal Act among repeated offenders [Article 35] The scope of recommendations for the obstruction of performance of official duties [Class 1]/ the coercion of official duties [Special Aggravation]: Aggravation of repeated crimes of the same kind [the scope of recommendations and recommendations], the area of aggravation of repeated crimes of the same kind [the scope of recommendations and recommendations], the circumstances under the sentence of one to four years of imprisonment, and other circumstances under the sentence of one year and four years of imprisonment, and the defendant's age, occupation, character

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