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(영문) 대구지방법원경주지원 2020.08.19 2020고단242
공무집행방해
Text

1. The defendant shall be punished by imprisonment with prison labor for six months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 26, 2020, the Defendant, at around 16:50 on April 16, 2020, received a report that the taxi passengers under the influence of alcohol take a walk, such as taking a bath, and failing to pay a fee, and was dispatched from the slope D belonging to the above police box, the Defendant was urged to walk the above D’s bridge twice, and the Defendant was urged to go home to use other taxi from the above D to return home, and then, the Defendant saw that “I will come to go home. I will am to do so. I do am to do so. I do am to do,” and assault the chest of the above D by drinking three times.

As a result, the defendant interfered with legitimate execution of duties concerning reporting duties, such as disturbance for cancellation of a police officer.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A report on investigation (a seizure of a patrol box) (a seizure of a service log);

1. Application of the investigative report (CCTV analysis), CCTV images taken by a police box, and CCTV video storage CD-related Acts and subordinate statutes;

1. Relevant Article 136 (1) of the Criminal Act and Article 136 (1) of the same Act concerning criminal facts;

1. Article 62(1) of the Criminal Act on the Suspension of Execution (Consideration of favorable sentencing factors among “the grounds for two sentences” below)

1. The degree of assault on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act is not somewhat weak, and the attitude after the crime is committed, such as continuing to wear happinesss after the arrest of flagrant offenders.

However, it shall be considered as a favorable sentencing factor that the finding of the damaged police officer has committed a serious crime, and that it should be avoided to the meaning of a reflectability on the crime committed under the influence of alcohol.

In addition, the sentencing guidelines of the Sentencing Committee of the Supreme Court (the sentencing period of the obstruction of performance of official duties ( June to June), the age, character and conduct, criminal records, motive and result of the crime, etc. of the defendant shall be determined by taking into account all the circumstances that are conditions for the sentencing, such as the sentencing guidelines of the Sentencing Committee.

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