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(영문) 대구지방법원 2021.02.23 2020고단6503
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 14:00 on December 5, 2020, the Defendant: (a) expressed, without any justifiable reason, the victim’s desire to “a breathly breath, flast, flast, and removal of inside and outside,” and (b) 30 minutes of the disturbance, such as running at the entrance of the mapt, thereby preventing unspecified customers from entering the mapt.

The Defendant by force interfered with the operation of Mat by the victimized person.

2. On the same day at around 14:30 on the same day, the Defendant: (a) committed an assault on the part of the victim’s right well-being by stating that “I see, Chewing, and arrested the Defendant as a current offender interfering with his duties, F, who was dispatched to the site after receiving a 112 report on the act of disturbance at the same place; and (b) in order for the Defendant to arrest the Defendant as an offender interfering with his duties.”

Accordingly, the defendant interfered with legitimate execution of duties in relation to the prevention and suppression of the above police officers' crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. C’s statement;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling List;

1. Relevant Article 314(1) of the Criminal Act, Article 314(1) of the Criminal Act (the point of interference with business), Article 136(1) of the Criminal Act (the point of interference with the performance of public duties) and the choice of imprisonment for each crime;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

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

A. Group 1 Crimes (Interference with the Execution of Official Duties) / [Type 1] There is no interference [the scope of recommendations and recommendations] with the performance of official duties. [The scope of recommendations and recommendations] basic area, imprisonment with labor for six months to one year and six months;

B. No. 2 Crimes (Interference with Business) [Determination of Type] Obstruction of Business Affairs (Type 1] Obstruction of Business Affairs (Special Sentencing).

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