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(영문) 대구지방법원 2020.07.22 2020고단1940

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

At around 12:30 on March 25, 2020, the Defendant: (a) committed an assault, such as, under the influence of alcohol, the Defendant: (b) committed an act of assaulting around knenee, knee, knne, knne, knne, knne, knne, knne, knne, knne, knne, knne, knne, knne.

On the same day, at around 12:46, the Defendant: (a) confirmed the circumstances of the instant case and confirmed the Defendant’s personal information, the victim E (the age of 54) who is a police officer belonging to the Daegu Northern Police Station D Zone D District of the Daegu Northern Police Station dispatched to the site after receiving a report of 112, and told the Defendant to enter the Defendant’s house; (b) made the victim’s bath to “Y Y Y Y Y Y Y Y Y Y Y Y YY Y Y YY Y YY YY YY YY YY YY YY YY YY YY YY YY Y

Accordingly, the defendant interfered with the legitimate execution of duties concerning the handling of reports and maintenance of order by police officers.

Summary of Evidence

1. Each police statement of E and C;

1. Application of Acts and subordinate statutes on the list of violence victims, photographs, public officials' identification cards, work log in the D District, and 112 Reporting Cases;

1. Grounds for sentencing under Article 136 (1) of the Criminal Act with respect to the relevant criminal facts;

1. Scope of applicable sentences under law: One to five years of imprisonment;

2. The scope of the recommended punishment according to the sentencing guidelines [decision of type] the obstruction of the performance of official duties [Type 1]/ the coercion of official duties [the scope of the recommended area and the punishment of recommendation] There is no person who has been forced to perform his/her duties] (the scope of the recommended area and the punishment of recommendation], the basic area, the period from six months to one year and six months [the general person] [the grounds for suspension of execution of punishment] - The major reasons for suspension of execution are criminal records of the same kind (within five years,

3. Determination of sentence: Six months of imprisonment (the crime of this case was committed repeatedly in a short period even though the level of punishment for the previous same kind of crime was suspended of imprisonment);