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(영문) 대구지방법원 김천지원 2019.09.03 2019고단667

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

Reasons

Punishment of the crime

On June 9, 2019, at around 03:06, the Defendant committed assault by the police officer affiliated with the Gyeongbuk-gu Police Station Eab Station Eab that was called out after having received D’s 112 report, and having identified the field situation, such as having destroyed and damaged the tobacco in the way of launching out the vessel located in the relevant toilets, and having the f face of the said F.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on 112 notification processing.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes on the notification of investigation (Attachment to 112 Report List) and the notification sheet of 112 Report cases;

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 (The following extenuating circumstances among the reasons for sentencing):

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, in a situation where the police, upon receiving a report of the sentence, leads to a significant number of offenses, taking account of the contents of the instant crime, such as: (a) the Defendant satisfying violent actions by taking a line; and (b) having taken a cigarette against the police; and (c) the police satisf

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

However, all of the defendants recognize and reflects the crimes, and it is the primary offender who has no criminal power, etc. should be considered in determining the sentencing.

In addition to the aforementioned various circumstances, the sentencing conditions, including the Defendant’s age, character and conduct, family relationship, circumstances, and attitude after the commission of the crime, shall be determined as per the disposition.