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(영문) 대구지방법원 김천지원 2019.10.17 2019고단802

공무집행방해등

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 becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 15, 2019, the Defendant: (a) around 20:20, around 20:20, at the front of the bus stops located in B in the Chungcheongnam-si, Chungcheongnam-si; (b) followed the victim C (28 years old) who passed through the bus stops without any particular reason, and (c) caused the victim’s her son to sell her son.

Accordingly, the defendant assaulted the victim.

2. 공무집행방해 피고인은 제1항 기재 일시 및 장소에서, 위 C의 ‘남자가 친다’라는 112신고(접수번호 D)를 받고 출동한 구미경찰서 E지구대 소속 순경 F의 팔을 잡으려던 중 위 지구대 소속 경장 G으로부터 제지당하여 화가 난다는 이유로 “너는 뭐냐”라고 말하며 발로 위 G의 왼쪽 허벅지 부위를 찼다.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on handling 112 reported cases and crime prevention.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. C’s statement;

1. Application of Acts and subordinate statutes to a copy of a public official certificate, a copy of a post box, and a detailed statement of 112 reported cases;

1. Relevant Article 136(1) of the Criminal Act, Article 260(1) of the Criminal Act, and Article 260(1) of the Criminal Act, the choice of imprisonment for a crime

1. From among concurrent crimes, the maximum of the crimes under the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act, and the maximum of the crimes under the said Articles; and

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

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. Scope of punishment by law: One to seven years of imprisonment;

2. Scope of recommended sentences according to the sentencing criteria;

(a) First Crimes (Determination of Punishment) (Obstruction of Performance of Official Duties). Obstruction of Official Duties (Type 1 / No person who has been forced to perform his/her duties) (the scope of recommendation area and recommendation area) basic area, six months to one year and six months of imprisonment

(b) Second crimes (decision of types of violence) (decision of types of violence) and violence crimes [Class 1] and there is no general violence [specific person] [the scope of recommendation field and recommendation range] basic area, imprisonment with prison labor for two months to October;

(c) multiple crimes;