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(영문) 대구지방법원안동지원 2020.11.04 2020고단339
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

However, 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

1. At around 19:25 on March 17, 2020, the Defendant: (a) 112 reported by the Defendant that it is difficult for the Defendant to pass by a parked vehicle in front of the burial located in C in the permanent residence B; and (b) 6 players, including G, etc., such as the victim E and the victim F, who were police officers belonging to the permanent police station D district of the permanent police station called out after receiving the Defendant’s report, were able to take a bath over several occasions on the ground that the Defendant did not accept the Defendant’s request.

2. On March 17, 2020, at around 19:28, the Defendant: (a) informed the Defendant that the police officer E belonging to the Permanent Police Station D Zone D, dispatched to the site as stated in paragraph (1), did not have a parking prohibition zone; (b) recommended the Defendant to return home to the Defendant that he could not regulate the vehicle; and (c) ordered the Defendant not to depart from the police officer assigned to the patrol vehicle to board the patrol vehicle; and (d) expressed that “I would like to go to go to anywhere to go to the sprink,” and assaulted the Defendant out of the patrol vehicle by taking the spherbling of the said E.

As a result, the defendant interfered with the legitimate execution of duties of police officers concerning 112 reports.

Summary of Evidence

1. Written statement of the defendant E in the court statement of the defendant E and F;

1. Application of the Acts and subordinate statutes to photograph the occurrence of the case, report on the processing of the 112 reported case, accusation, investigation report (Attachment of field photographs and CCTV images), CCTV images CDs, CCTV images, and capture of CCTV images;

1. Relevant Article 136 (1) of the Criminal Act and Article 136 (1) of the Criminal Act (the point of obstructing the execution of public duties and the choice of imprisonment), and Article 311 of the Criminal Act for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one to seven years;

2. Scope of recommended sentences according to the sentencing criteria;

A. First Crimes (Obstruction of Performance of Official Duties) (Determination of Punishment).

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