beta
(영문) 대구지방법원 포항지원 2019.06.20 2019고단148

공무집행방해

Text

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

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

Reasons

Punishment of the crime

On February 3, 2019, around 22:45, the Defendant assaulted “C” in front of a gas station located in the north-gu, North Korea, and received 112 reports to the effect that the traffic accident occurred in front of the gas station located in the north-gu, North Korea Coast Guard Diplomatic Police Station, who was called out, and received questioning from the slope E of the police station affiliated with the coast guard E about the circumstances of the accident, and was able to ask questions about the accident.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Application of the Acts and subordinate statutes to the 112 Reporting, Handling Decrees and police boxes to serve for the police station;

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

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 fact that the nature of the crime in light of the course of the determination of the sentence and the method of the sentence is not easy, and that the sentence is not prepared by the victim, but the execution of the sentence shall be suspended at once only in consideration of all the circumstances, including the defendant’s career, environment, etc.