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(영문) 대구지방법원 2020.09.09 2020고단3788
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 9, 2020, at around 22:55, the Defendant sent a 112 report in front of “C” located in Daegu Suwon-gu Suwon-gu B, stating that “Neman’s loss goes beyond drinking alcohol,” and the victim E of the Daegu Suwon-gu Police Station D District called the site upon receiving the said report and demanded the victim E to stop him/her from 119 first aid workers and F, etc. who called the site, and demanded him/her to return home, even though there were many and unspecified persons passing through the 119 first aid workers and their places, he/she respondeded to the 119 first aid workers and the victim, such as “Chewing drinking, schip.”

Accordingly, the defendant openly insultingd the victim.

2. At the same time and place as Paragraph 1, the Defendant continued to take a bath to the E circumstances in which the Defendant takes a bath and solicits him/her to return home as Paragraph 1, and assaulted the said E’s chest by hand.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E 112 Report List, work log in the D District;

1. Application of the Acts and subordinate statutes to facambactic CDs and caps;

1. Relevant Articles 136(1) and 311 of the Criminal Act (the point of obstructing performance of official duties), and the choice of imprisonment with prison labor for the crime;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: One to six years of imprisonment;

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

(a) Class 1 crime (Contempt) [Determination of Punishment] No person who has a general insult [Type 1] (the scope of recommending and recommending punishment] (the scope of recommending punishment] basic area, imprisonment with labor for up to 2 months [general person] to 8 months (general person in prison] - The mitigated element: The serious reflective area;

B. Second Crimes of obstruction of the performance of official duties (determination of types of obstruction of the performance of official duties) . [Attachment 1] Obstruction of the performance of official duties/performance of official duties (special person).

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