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(영문) 대구지방법원 2019.09.05 2019고단2766
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 became final and conclusive.

Reasons

Punishment of the crime

At around 21:30 on March 9, 2019, the Defendant: (a) received 112 report from the Nam-gu Nam-gu Branch of the Daegu Southern Police Station C District on the ground that he treats a defective reporting person as an offender on the ground that he/she treats a defective reporting person in order to verify his/her personal information, such as requesting a identification card, after confirming the on-site situation, after confirming the circumstances of the region affiliated with D, the Daegu Southern Police Station C District, which called “the removal of his/her head by removing his/her body.” (b) he/she saw D as follows: (c) he/she did not have any obligation to disclose his/her identity, (d) he/she was receiving law, (d) He/she did not know how he/she was born, (d) he/she was using law, (d) I, a police officer status, and (e) he/she will do so; and (d) he/she requested the Defendant to present his/her identification card; and (d) he/she was hicked by her hand.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the witness D;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes to internal investigation reports (to attach screen image data in site situations to back business CDs);

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

1. The scope of recommendations according to the sentencing guidelines for the reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Article 62(1) of the Act on the Suspension of Execution [Article 62(1)] The sentence of the obstruction of performance of official duties [Class 1]/ the coercion of [the scope of recommendations and recommendations] basic area, the circumstances under the sentence of imprisonment with prison labor for six to one year, and other conditions of sentencing indicated in the records, such as the defendant's age, occupation, character and conduct, family relationship, and circumstances before and after the commission of the

- The obstruction of performance of official duties should be strictly punished for crimes that disarme legitimate exercise of public authority and undermine national functions, so that there is no record of criminal punishment for the same crime.

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