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(영문) 대구지방법원 2020.08.25 2020고단3040

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On May 15, 2020, at around 21:44, the Defendant: (a) received a report from 112, stating that “the Defendant shall open the door door, and slickly sound,” which is the Defendant’s residence; and (b) requested that the Defendant be informed of the details of noise from the seat E, etc. of the police box affiliated with the police box of the Gyeongsan Police Station dispatched at the scene; and (c) requested the police to have a familiarity, the Defendant assaulted the Defendant by using a large voice, such as “the arrested sea . . . . . . . f. . . . . f., the police station. . . . . . . f.)

As a result, the defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes on the table for handling investigation reports (in the presence status) and 112 reported cases;

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

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. The scope of the recommended sentence according to the sentencing guidelines [decision of type] the obstruction of performance of official duties (category 1] and no person who has been engaged in the obstruction of performance of official duties [the scope of the recommended area and the scope of the recommended punishment] and the basic area of the recommendation [the scope of the recommended area and the punishment of the recommendation], six months to one year

2. Determination of sentence: (a) comprehensively taking into account the following circumstances and the Defendant’s age, occupation, character and conduct, environment, motive, means and consequence of the commission of the commission, circumstances after the commission of the commission of the commission, etc.; and (b) the conditions of various sentencing as shown in the argument of the instant case:

D. Unfavorable circumstances: The crime of this case is a case of assaulting a police officer during the performance of official duties, and it is not good that the crime of this case is committed.

The favorable circumstances: The defendant recognized the crime of this case and reflects it.

The degree of tangible force used by the defendant is not very important, and the defendant seems to have committed the crime of this case by contingency while under the influence of alcohol.

The defendant exceeds the previous and suspended execution.