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(영문) 대구지방법원 서부지원 2017.11.09 2017고단1164
공무집행방해등
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 22, 2017, the Defendant interfered with the performance of official duties was sent to police officers C, etc. who belong to the police station B of Daegu Sung-gu police station on the ground of taxi drivers, taxi charges, etc. in front of the entrance of the 1014 Seo-gu, Seogu, Daegu-gu, Daegu-gu, in front of the entrance of the 3rd class of the 1014.

The defendant is a police officer who does not pay a taxi and intends to flee.

“As you want to see a taxi engineer, as I would like to see the horse, I assault the above C with the Defendant, and biff three times the chest of the above C, thereby obstructing the police officer’s legitimate execution of duties concerning public peace and order maintenance.

2. The Defendant damaged property by opening the front door of a taxi set up at the above date, time, and at the above place, and by eating a card terminal owned by a non-resident in the victim's taxi to the extent that the repair cost of KRW 5,000 is 5,00.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Written statements of D;

1. Application of the 112 Incident report and the Acts and subordinate statutes governing damaged photographs;

1. Relevant Article 136 of the Criminal Act, Articles 136 (1) and 366 of the Criminal Act ( point of obstructing the performance of official duties), and choice of imprisonment with prison labor for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Sentencing criteria;

(a) Class 1 Crimes (Obstruction of Execution of Official Duties) (Scope of Recommendation) (Obstruction of Execution of Official Duties) (No person shall be subject to special sentencing for six months to one year and six months).

(b) The range of final sentence due to the aggravation of multiple crimes in the case of Class 2 (Destruction) (Destruction of Property, etc.) (1-6 months) in the mitigated area (1-6 months) (including serious efforts to recover damage), or where a significant damage has been restored, the scope of final sentence due to the aggravation of multiple crimes: 6 months to 1 year; 6 months;

2. Making an agreement with the victim of damage to property on which a sentence has been pronounced, and interfering with the execution of official duties;

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