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(영문) 대구지방법원포항지원 2020.08.19 2020고단673

공무집행방해

Text

A defendant shall be punished by imprisonment with prison labor for up to 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

Criminal facts

At around 06:05 on April 19, 2020, the Defendant reported 112 to the “C,” located in the north-gu, Northern-gu, Ma-dong B, and arrested the Defendant as a criminal suspect of assault against G, when the Defendant was dispatched to the scene by the police officer E and police officers belonging to the Ma-dong Police Station, and the Defendant was arrested of the Defendant on the charge of assault against G. At the resistance, the Defendant, on the one hand, assaulted the above F’s face face, intending to take the Defendant on the patrol, and assaulted the Defendant E and G once.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the suppression and investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the E, F, and G;

1. A copy of the service log of a police box and a list of reported cases;

1. Application of Acts and subordinate statutes to a criminal report (favac cinematographic closures and CD separates);

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of punishment by law: One month to five years;

2. The scope of the recommended punishment according to the sentencing guidelines [decision of type] The obstruction of performance of official duties [Type 1]/ the coercion of official duties [the scope of the recommended area and recommendation] there is no person who has been forced to perform his/her duties] (the scope of the recommended area and recommendation] basic area, six months to one year and six months [the general person who has been sentenced to suspension of execution] [the grounds for suspension of execution] - there are no criminal records of the suspension of execution or more.

3. The two faces and chests of the police officers who suffered damage to the sentence are not easy to show the degree of obstruction of performance of official duties, and the defendant has been sentenced two times to a fine due to violence prior to the instant case. In addition, the motive, means and results of the instant crime, the circumstances after the instant crime, the age of the defendant, character and conduct and environment, etc., and various conditions of sentencing as shown in the arguments and records shall be considered.