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(영문) 대구지방법원 김천지원 2019.08.13 2019고단562

공무집행방해

Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment with prison labor for one year.

, however, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendants are married couple.

On April 20, 2019, around 23:40 on April 20, 2019, the Defendants were under the influence of alcohol in the course of getting off from the “D convenience store” located in Busan Jin-gu C, Busan, and got out of disturbance at the distance of the above E.

1. On April 21, 2019, at around 00:08, Defendant B, who received a report on 112 at the above place, was removed from the police officer H (32 years old) who belongs to the Busan Jinjin Police Station G police box, and the police officer I (25 years old) who was in charge of the police officer, was in charge of the Habbing H on the part of the ship, and was pushed the I with the police officer who was in charge of the police officer in charge of the police officer I (25 years old).

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

2. On April 21, 2019, at around 00:15, Defendant A, who was arrested a flagrant offender B at the above location as a crime of obstruction of performance of official duties, attached the head J (27 years of age) to the police officer of Busan J (27 years of age) who was a police officer belonging to the Busan Jinjin Police Station G police box that was arrested as

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

Summary of Evidence

1. Defendants’ legal statement

1. Application of each police protocol of statement to H, I, J, and E;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Article 136(1) of the Criminal Act;

B. Defendant B: Article 136(1) of the Criminal Act

1. Defendant B of the ordinary concurrence: Articles 40 and 50 of the Criminal Act;

1. Defendants subject to suspended execution: Article 62(1) of the Criminal Act (the following extenuating circumstances among the reasons for sentencing);

1. Defendants of the community service order: The reason for sentencing under Article 62-2 of the Criminal Act

1. Scope of applicable sentences under law: One to five years of imprisonment for Defendant A, and one to six months of imprisonment for Defendant B;

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

A. Defendant A [Determination of Punishment] The obstruction of Performance of Official Duties / [No. 1] The basic area of Defendant A’s obstruction of performance of official duties / [Scope of Recommendation and Recommendation], six months to one year and six months of imprisonment

B. Each of the crimes of obstruction of the performance of official duties committed by Defendant B is in a mutually competitive relationship.