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(영문) 대구지방법원 포항지원 2020.01.08 2019고단1287

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

except that 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 03:00 on September 26, 2019, the Defendant reported 112 on the street in front of the south-gu Branch of the Port and Police Station D, the police officer affiliated with the Port and Police Station of the Port and Police Station of the Republic of Korea dispatched to the site, solicited the Defendant to have the Defendant returned home, and threatened the Defendant with the desire to wear a drinking, and assaulted the said E with the left hand once.

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. Statement to E by the police;

1. The application of Acts and subordinate statutes governing internal investigation reports (in relation to field situations), investigation reports (related to attachment to 112 Report List), 112 Report List, processing of cases, photographs of damaged parts, internal investigation reports (related to attachment to field images)-a photograph-production of video CDs, production of video CDs, and application of public official identification rules;

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

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

1. Scope of punishment by 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. In light of the circumstances leading up to the instant crime and the degree of obstruction of performance of official duties, etc., the sentence shall be imposed as ordered, taking into account the following circumstances: (a) the nature of the instant crime is not easy; (b) the fact that the Defendant was erroneous in light of the unfavorable circumstances that the Defendant was unable to take advantage of the victimized police officer; and (c) the fact that the Defendant did not have any record of exceeding the same kind of fine, as well as the favorable circumstances, such as the Defendant’s age, character and conduct; (d) motive of the