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(영문) 대구지방법원서부지원 2020.12.03 2020고단1109
공무집행방해
Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 28, 2020, the Defendant, at the Daegu Western Police Station C District in Seogu, Daegu, on March 22 and 10, 2020, paid a fare to a taxi engineer and a taxi driver due to the problem of taxi fare, and was recommended by the police officer to return home from the slope D belonging to the above Daegu Western Police Station C District in order to take a bath for the above police officer to leave home from the above Daegu Western Police Station C District, and led the police officer to force the police officer to her hand on his hand.

As a result, the defendant interfered with legitimate performance of public duties concerning the protection of police officers' lives, bodies, and property.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the police branch photographs of damaged parts of the protocol of statement of D with regard to D, and to the closure of video materials;

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

1. In order to establish the legal order of the country with reason for sentencing under Article 62(1) of the Criminal Act and eradicate the light of the public authority, there is a need to strictly punish the crime of obstruction of performance of official duties, and the Defendant has been punished three times by a fine for violent crimes.

However, considering the fact that the defendant confessions the crime of this case and repents his mistake, there is no record of punishment exceeding the fine, and the age, character and conduct, environment, family relationship, means and result of the crime of this case, the punishment as ordered shall be determined in consideration of all the sentencing conditions shown in the arguments of this case, such as the circumstances after the crime.

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