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(영문) 대구지방법원 경주지원 2019.07.03 2019고단134

공무집행방해

Text

A defendant shall be punished by imprisonment for not less than eight 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

At around 02:45 on March 5, 2019, the Defendant, at the house of C, a woman living together of the Defendant in the racing-si, who received the report of 112 of the above C, and demanded the above E to return home from the police officer E belonging to the race police station, who was called out after receiving the report of 112 of the above C, and told the above E, “I will see why I would see why I would see this Chewing, why I would you see, and why I would see this lethr, and what I would see the head of the left part of the above E in drinking.”

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of the Acts and subordinate statutes for investigation reporting;

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;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

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

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. Determination of sentence: Imprisonment with prison labor for eight months and suspended execution for two years, it is not good that a crime is committed against a police officer who was dispatched by the defendant after receiving a report of domestic violence under the influence of alcohol.

In addition, the fact that the defendant has a number of criminal records, including the same criminal records, is also disadvantageous to him.

However, the fact that the defendant seems to be against the crime, that the defendant is relatively old, that the police officer was immediately subject to restraint during the course of the crime, and that he was arrested as a flagrant offender, and all of the sentencing conditions shown in the records, such as the defendant's age, character and conduct, environment, family relationship, circumstances after the crime, etc., are considered.