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(영문) 대구지방법원 서부지원 2019.10.01 2018고단2896
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than three 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

On July 28, 2018, at around 14:15, the Defendant reported 112 to the effect that he filed a de facto declaration with D in a de facto marital relationship at the Defendant’s residence located in the Daegu Seo-gu B building C, and that he is not a male in his house.

The Defendant, upon receiving a report 112, assaulted F of F, who was sent to the scene by a staff member of the Seongbuk Police Station Estation, to ask the Defendant for the background of the report.

Accordingly, the defendant assaulted police officers to interfere with the legitimate execution of duties of police officers in relation to 112 reporting duties.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. The service log of the E box;

1. Application of Acts and subordinate statutes to a criminal investigation report (Attachment of photographic images taken by police officers at the site);

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (see, e.g., Supreme Court Decision 62(1)1 of the Act on the Suspension of Execution)

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

2. The scope of the recommended sentence according to the sentencing guidelines [decision of types] the obstruction of performance of official duties and coercion of duties [Special Convicts] - mitigated elements: In cases where the degree of violence, intimidation and deception is minor, [the scope of the recommended area and the recommended punishment] mitigation area, there is no person who has been sentenced to imprisonment for one month to eight months [the grounds for suspension of execution] [the grounds for suspension of execution] - Where the degree of violence, intimidation and deceptive scheme is minor: In cases where the degree of general pride is minor, the reason for suspension of execution shall be serious reflect and the defendant's health shall not be significantly good.

3. Determination of sentence: Three months of imprisonment and two years of suspended sentence;

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