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(영문) 대구지방법원 2020.12.16 2020고단4943
공무집행방해
Text

Defendants shall be punished by imprisonment for six months.

However, each of the above punishments shall be executed for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Defendant A around 04:30 on August 30, 2020, around the main points of “D” located in Yongcheon-si, Youngcheon-si, Defendant A used 112 reported phone calls on the ground that the main points in the operation of the above Defendant was not opened.

Therefore, the police officer F, who was called up after receiving a report, took the door of the defendant's seat inside the above main box, and took a bath to the above police officer, stating that "I am the same to the same conclusion of the police box, spaths, and spaths, as you have to see," while carrying out a bath to the above police officer, "I am spath to the same conclusion of the police box, spaths, spaths, and spaths, knife the above police officer's external part of the police station, and interfere with the police officer's legitimate execution of duties concerning the handling of the 112 reported case by assaulting the police officer several times to walk.

2. Defendant B, at the time and place indicated in paragraph 1, expressed that the police officer F attempted to arrest A due to the suspicion of obstruction of performance of official duties to the police officer, “this son’s photograph is stamped, franchising women, so franchising women,” and assaulted the police officer’s legitimate performance of duties concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendants’ legal statement

1. The service log of the police station to the F, the service log of the police station, and the detailed statement of 112 reported cases;

1. Application of the Acts and subordinate statutes to photograph CCTV images by capturing them;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act selecting a penalty;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act of the suspended sentence;

1. Scope of applicable sentences under law: One to five years of imprisonment;

2. The scope of recommendations according to the sentencing guidelines for the crime of obstruction of the performance of official duties [Article 1] The obstruction of the performance of official duties or coercion [Special Convict] - Reduction element: In cases where the degree of assault, intimidation and deceptive scheme is minor (the scope of recommending area and recommendation range) mitigation range, imprisonment with labor for one month to August.

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