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(영문) 대구지방법원 안동지원 2019.04.26 2019고단28

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

The defendant around 04:19 on January 14, 2019, and around 04:19 on the front road of the B building in Ansan-si, the defendant has 15 failed fighting.

'Around 112 after receiving the 112 report, he heard the warning that he would be dissolved from E, a slope E, and a slope of the Andong Police Station C District, the Haba took the bath that Haba Haba Ha was asked to keep the body of E with his hand and return home from E with his hand, while making a bath that Haba Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do eb Do Do eb Do, and Do Do eb Do Do Do.

As a result, the Defendant interfered with the legitimate execution of duties by police officers who called up to the 112 Report.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Work site in the C District;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of CCTV images at the site of the incident);

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Sentencing Criteria (Scope of Recommendation) : Type 1 (Obstruction of Performance of Official Duties) and the basic area (six months to one year and six months) of the obstruction of performance of official duties; and

2. The Defendant, upon receiving a report, sent a aggressive attitude to police officers in uniform who were dispatched, and took aggressive actions without any particular reason, and took violence.

This act is likely to be criticized not only in that it interferes with the police officer's duty to maintain order, but also in that it can promote a light of legal order and public authority.

Although the defendant is relatively old, he/she has been punished or sentenced to a number of crimes.

However, the defendant is currently recognizing and opposing his mistake.

Defendant has no record of punishment for the same crime, nor has a criminal record of suspended execution or more.

In addition, the defendant's age, character and behavior, environment, motive, background, means and result of the crime.