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(영문) 대구지방법원 포항지원 2021.02.17 2020고단1494
공무집행방해등
Text

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

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

Reasons

Criminal facts

On November 7, 2020, the Defendant is prohibited from taking a bath for the taxi passengers at the police box located in North-gu B at the time of port of call on November 7, 2020.

“To receive a request for returning home from the victim D, who is a police officer belonging to the said police box, after receiving a report of 112 that the said police box was called “,” and without any particular reason, the victim committed an injury to the sacrife and tension that requires treatment for about 14 days to the victim at one time by hand.

As a result, the Defendant interfered with the legitimate execution of duties of police officers regarding the handling of 112 reported cases, and at the same time injured the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. 112 Reporting case handling table;

1. A written diagnosis of injury;

1. Application of the Acts and subordinate statutes for reporting internal investigation;

1. point of obstructing the performance of official duties in accordance with relevant provisions of the Criminal Act concerning criminal facts: Article 136 (1) of the Criminal Act; Article 257 (1) of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishments imposed on the crimes of serious bodily injury);

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service and order to attend lectures;

1. The scope of punishment by law: One month to seven years of imprisonment;

2. The scope of the recommended punishment according to the sentencing guidelines [the types of determination] the general injury [the person subject to special sentencing] general injury [the person subject to sentencing] - The mitigated elements: In the case of interference with the performance of official duties, [the territory of recommendations and the scope of recommendations] basic area, the term of imprisonment from four months to one year and six months [the grounds for suspended execution]] in the case of interference with the performance of official duties (the scope of recommendations and recommendations] - The principal grounds for suspended execution] - The non-permanent grounds for punishment - The principal reasons for suspended sentence - the same offense and the general illegal reasons for suspended execution (not more than five years period of suspended execution) -

3. The sentencing factors, degree of injury, degree of interference with the performance of official duties as well as the motive, background, means and consequence of the crime, circumstances after the crime, the age of the defendant, sexual conduct, environment, and force of violence shall be considered.

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