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(영문) 대구지방법원 2020.09.09 2020고단3755
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for up to 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 June 7, 2020, the Defendant: (a) around 02:10 on June 7, 2020, around the entrance of the Daegu Suwon Police Station C District District; (b) on the ground that there was a dispute between the taxi engineer and the taxi fare, and (c) received a visiting report from the taxi engineer, and (d) solicited the police officer to pay the taxi fee and return to Korea from D who is in the process of handling the said reported case, and (d) recommended the said police officer to pay for the taxi fee and return to Korea from the circumstances surrounding the C District in which the said reported case was handled; (b) stated that “Any taxi value is 12,00 won, which is 12,00,000 won, and all of them will die for long time, and interfere with the police officer’s legitimate performance of duties concerning the handling of the reported case.”

Summary of Evidence

1. Defendant's legal statement;

1. A receipt for a police statement on D, a receipt for a police statement, and a photo of the C District Office: The application of the Act and the Act and subordinate statutes to “CCTV images to capture” shall apply;

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election 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. Scope of the recommended sentence according to the sentencing guidelines [decision of type] Scope of the obstruction of performance of official duties - [Type 1] / coercion of performance of official duties - (special person - mitigated element] - Where the degree of violence, intimidation and deceptive scheme is minor, [the scope of the recommended area and the recommended punishment] mitigation range, imprisonment with prison labor for one month to eight months (general person - mitigation element] - Reduction element: Mental retardation (which is responsible for the person himself/herself) - The reason for suspension of execution - If the degree of violence, intimidation and deceptive scheme is minor - The reason for suspension of execution is minor - The reason for suspension of execution of sentence is minor - The reason for suspension of execution of sentence - The reason for general pride

3. Determination of sentence: Imprisonment with prison labor for six months, one year after the suspension of execution, and one year, to a police officer who solicits him/her to return home, making it difficult to see the quality of the crime light in that he/she spreads verbal abuse and takes face, and then he/she takes a more alcohol than that of ordinary class.

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