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(영문) 대구지방법원 포항지원 2019.06.13 2019고단261

공무집행방해

Text

The punishment of the accused shall be set forth in six months.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around 00:15 on February 23, 2019, the Defendant was under the influence of alcohol at a marina hall located in Nam-gu, Nam-gu, Nam-gu, Sinpo-si, and the Defendant threatened the Defendant with the developments leading up to the police box belonging to the Pohang Police Station C (53 years of age) dispatched after receiving a report on 112 that “one male is wraped at the marina Party.” The Defendant prevented the Defendant, thereby threateninging the Defendant two times of the vessels along with the course of drinking, and threatening him/her to keep him/her from drinking.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling List;

1. Relevant Articles of the Criminal Act and Article 136 (1) of the Criminal Act concerning the crime. Article 136 (Selection of Imprisonment or Imprisonment);

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

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

1. The scope of punishment by law: Imprisonment for one to five years;

2. The scope of the recommended sentence according to the sentencing guidelines [decision of types] of the obstruction of performance of official duties: [Type 1] No person shall be subject to the obstruction of performance of official duties or coercion of official duties [the scope of recommended areas and recommendations] (the scope of recommended areas and recommendations] basic area, six months to one year and six months.

3. The sentence shall be chosen by taking into account the following circumstances: (a) the nature of the crime in light of the process of the determination of the sentence and the method of the sentence; (b) the past of the instant case has served three times as fines for the crime of violence and obstruction of performance of official duties; and (c) the fact that the Defendant’s mistake is against the victim; and (d) the Defendant has no past record of punishment heavier than the suspension of execution; and (e) the execution of the sentence shall be suspended on condition that probation is added only once, taking into account