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(영문) 대구지방법원 2020.12.16 2020고단5560
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

except that 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

On October 2, 2020, at around 01:40, the Defendant was under the influence of alcohol in front of a restaurant located in Daegu Suwon-gu B, and was under the influence of disturbance on the floor of his own wall and mobile phone, and the police officers of the Daegu Suwon-gu Police Station C District called “one person under the influence of alcohol” notified that “one person under the influence of alcohol was under the influence of alcohol,” and prevented the Defendant from acting in the process of petitioning the Defendant, and the Defendant was under the control of D’s face on his own hand. At this time, the police officers dispatched to the scene along with E were under the control of the Defendant, and the Defendant assaulted D and F by walking the above F’s left side buck and bucking one time.

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

Summary of Evidence

Defendant’s legal statement

D Application of each police statement of F to the 112 Reporting Report Report List, and Investigation Report Act to the District Office Work

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

1. Selection of an alternative imprisonment with prison labor under Articles 40 and 50 of the Criminal Act;

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

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] of the obstruction of performance of official duties: [Type 1] No person shall be subject to the obstruction of performance of official duties or coercion of official duties [the scope of recommended areas and recommendations] (the scope of recommended areas and recommendations] basic area, six months to one year and six months.

3. Determination of sentence: Determination of sentence shall be made in full view of the following circumstances and the defendant's age, character and conduct, environment, motive, means and consequence of the commission of the crime, circumstances after the commission of the crime, and various conditions of sentencing as shown in the arguments in this case:

Unfavorable circumstances: Crimes are inferior in light of the contents of crimes.

In order to establish the law and order of the state and eradicate the light of the public authority, strict punishment on the crime of obstruction of performance of official duties is needed.

e.beliable;

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