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(영문) 대구지방법원 안동지원 2019.03.22 2018고단231
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight 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 20:30 on March 25, 2018, the Defendant: (a) expressed a bath to a restaurant proprietor without calculating the drinking value of KRW 3,000; (b) received a notification from E in the circumstances surrounding the Seoul Central Police Station D District D District Unit, and called out to the restaurant proprietor after receiving a notification of 112 report; and (c) served as a person in receipt of a request for returning to the Republic of Korea; and (d) used the e-mail and flaps of the said E, and used it in the future.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written statement;

1. Application of Acts and subordinate statutes on the place of work in the D District;

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. Sentencing Criteria (Scope of Recommendation) : Type 1 (Obstruction of Performance of Official Duties) and the basic area (six months to one year and six months) of the obstruction of performance of official duties; and

2. The Defendant reported a 112-year sentence and sent violence to the police officer in uniform.

This act is likely to be criticized not only in that it interferes with the police officer's duty to maintain order, but also in that it can promote a light of legal order and public authority.

Defendant has been punished several times, including punishment, suspension of execution, etc. for violent crimes, such as past injury, obstruction of business, etc.

However, the defendant is currently recognizing and opposing his mistake.

There is no record that the defendant was punished for obstruction of performance of official duties.

The degree of exercise of force against police officers by the defendant is relatively much severe.

In addition, the defendant's age, character and conduct, environment, motive and background of the crime, means and consequence of the crime, and all the circumstances revealed in the trial process, such as the situation after the crime, shall be determined as ordered.

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