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(영문) 대구지방법원 상주지원 2021.02.17 2020고단364

공무집행방해

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 11, 2020, the Defendant stated that he refused a request from the police to provide traffic convenience by using patrol vehicles at around 00:58, the Defendant was an employee of the 112 order box, who was unable to know his name on the ground that the police rejected the request, and that he “a scambling a agricultural machine and carried it into B box, and an unscambling down.” On July 11, 2020, the Defendant carried a cambling to the front of the B box located in C at the time of stay at around 01:07, and carried out a cambling to the front of the B box at the time of stay at the Gu, and the police officer of the resident police box B box at the Gu police box at the Gu police station at the bar, and thereby, the Defendant prevented the police officer from taking advantage of the citizen’s horse, and thereby obstructing the legitimate execution of duties concerning the prevention and investigation of police crimes.”

Summary of Evidence

1. Each investigation report by the police on the defendant's legal statement D (the list Nos. 1, 2, 3, 5, 8, 11) to the defendant's legal statement D applies to statutes;

1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. Scope of punishment by law: One month to five years;

2. The scope of the recommended punishment according to the sentencing guidelines [the types of decisions] that interfere with the performance of official duties on the grounds that [the Class 1] no person interferes with the performance of official duties (the scope of recommended areas and recommendations] (the scope of the recommended areas and the punishment), the basic area of the recommendation, six months to one year and six months.

3. A decision of sentence: A defendant who has been sentenced to a stay of execution for six months shall carry a Track and carry a police box by a police box;

The act of threatening a public official is not easy to case.

In particular, the obstruction of the performance of official duties is a crime that undermines the function of the state by nullifying the legitimate exercise of public authority, and it is necessary to establish the state law and order and eradicate the light of the public authority.

However, the fact that the defendant does not proceed to exercising a realistic tangible power in addition to threatening police officers, and the defendant is the same.