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(영문) 대구지방법원 2020.01.09 2019고단5191
공무집행방해
Text

A defendant shall be punished by imprisonment for 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 October 8, 2019, at around 00:11, the Defendant: (a) 112, who was drunked in a c cafeteria located in Busan City, and was called the Defendant’s c juncing, “math, frighting, hacking, hacking, hacking, hacking, hacking, hacking, etc.”; (b) 2 times the E-line on the top of the hand, and assaulted the Defendant at one time the left kick.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning 112 reporting handling duties.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Application of Acts and subordinate statutes on police statement to E;

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 the recommended sentence according to the sentencing guidelines [the range of punishment] of the obstruction of performance of official duties [the category 1]/ the coercion of official duties (the special person] mitigation element: Where the degree of violence is insignificant, [the area of recommendation and the scope of the recommended sentence] mitigation area, one month to eight months of imprisonment;

2. The criminal liability is not minor in terms of the fact that the defendant's decision on sentencing assaults a police officer in the course of performing his/her duties and obstructs his/her legitimate performance of official duties;

However, the fact that the defendant recognizes the crime and reflects the depth of the crime, there has been no other force of punishment except the punishment of a fine of 500,000 won for the crime of bodily injury in 2009, which is the most important thing to raise the wife and children, and the circumstances of sentencing specified in the records of this case, such as the defendant's age, character and conduct, family relationship, and conditions before and after the crime, shall be determined as ordered by taking into consideration the two

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