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(영문) 대구지방법원 포항지원 2020.01.30 2019고단1420

공무집행방해

Text

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

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

Reasons

Punishment of the crime

At around 21:40 on October 21, 2019, the Defendant received 112 report that “passengers are not paying a taxi fee” on the roads near the 'Chown-gu, North Korea at the port of port, and received the notification of personal information and contact details from E from the police officer affiliated with the Poter of the Poter Police Station at the port of Korea, and sought the notification of personal information and contact details from the police officer assigned to the Ponding station at the port of port, and did not inform the police officer of the notification, and when the Defendant took one time at the right hand of the above E.

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. List of work days and 112 reported cases;

1. Application of each statute on photographs;

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 of imprisonment shall be chosen by taking into account the details and methods of the crime to be sentenced, the failure to obtain an application from the victim, and the failure to recover from damage, and the execution of the sentence shall be suspended only once, taking into account all circumstances, such as the defendant's age, career, etc., as well as the fact that the defendant reflects the defendant's wrongness in depth and has no record