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(영문) 대구지방법원 김천지원 2020.01.21 2019고단1483

공무집행방해

Text

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

On October 12, 2019, the Defendant: (a) around 23:55 on October 23, 2019, at the location of the Cbank 4 U.S. Corporation located in the Si/Gu, and reported 112 on the Defendant’s separate assault case, and asked the Defendant personal information and the details of the assault case; (b) the police officer affiliated with the police box in the Dong-gu, Nowon-gu, U.S. police station D police station, who called the Defendant; (c) the Defendant asked the Defendant of his personal information and the developments leading up to the assault case; (d) the Defendant expressed that he was a police officer in the field; and (d) the Defendant used the above E’s chest as one hand.

Accordingly, the Defendant interfered with the legitimate performance of official duties by police officers on the handling of 112 reported case.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written statement;

1. Application of Acts and subordinate statutes, such as reporting internal investigation (to attach photographs of the suspected victim and the victim of violence, telephone conversations with victim F), photographs of the state of the defendant, etc.;

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election 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. Scope of punishment by law: One month to five years;

2. The scope of the recommended sentence according to the sentencing guidelines [the scope of the punishment of imprisonment] the obstruction of performance of official duties [the category 1]/ the coercion of official duties [the scope of the recommended area and the punishment of recommendation] basic area, six months to one year and six months.

3. In light of the contents of the instant crime committed by the police who has been dispatched after receiving a report on the assault case committed by the Defendant who was sentenced to punishment, the liability for such crime is not less than that of the punishment;

The defendant was unable to receive a letter from the damaged police.

However, there is a reason to consider the fact that the defendant recognizes all crimes and reflects them, and that the defendant has no record of the same kind of violent crime.

In addition to the above various circumstances, the above sentencing guidelines and the defendant's age, character and conduct, occupation, criminal record, family relation.