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(영문) 대구지방법원 김천지원 2016.12.01 2016고단1191

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

On July 9, 2016, at around 01:40, the Defendant reported 112 to the elevator corridor of the old-si B apartment 319, 9th, and reported 112 to the effect that “the main gate, who was under the front of an apartment elevator, can enjoy,” and that “the main son, who was under the front of the apartment elevator, was unable to cause the Defendant’s shoulder and E, who was called to the said site. However, the Defendant: (a) took a bath to the said police officer; (b) took a bath to the said police officer; (c) took a walk, she was able to walk the bridge mouth of the police officer E at one time; (d) put the 11st floor of the 11st floor of the elevator; and (e) took a her walk.

In order to prevent danger, the Defendant continued to write down the Defendant’s left hand with his hand and sleeped the Defendant’s hand, and tried to hold the Defendant’s face “at any time”, and sleeped three times.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and D;

1. Application of Acts and subordinate statutes to investigation reports (in relation to field situations, etc.) and investigation reports (in relation to attaching photographs);

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

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. The main sentence of Article 62 (1) of the Criminal Act;

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

1. From one month to seven years and six months of imprisonment with prison labor within the applicable sentencing range by law; and

2. Application of the sentencing criteria [Determination of Punishment] Types 1 (Obstruction of Performance of Official Duties and Compelling of Duties) (Scope of Recommendation] Imprisonment with prison labor for six months from six months to one year and four months (basic area] imprisonment with prison labor for six months from six months to two years.

3. Although the nature of the crime is not good, such as standing a police officer, who is lawfully performing his/her official duties, by walking the table of the police officer, etc., he/she is under the influence of spreading his/her clothes to the degree that he/she can enjoy in the apartment corridor with his/her clothes.