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(영문) 대구지방법원포항지원 2020.10.29 2020고단745
공무집행방해
Text

The punishment of the accused shall be set forth in six months.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 02:30 on May 16, 2020, the Defendant: (a) reported 112 on the front line of “C” located in Daegu-gun District Court B; and (b) prevented the Defendant, who was dispatched to the site by the police officer affiliated with the Daegu Hasong Police Station D police box, who was called to the site, from spreading to the floor, the Defendant: (c) took a bath to the said patrol officer; (d) took a bath to the said patrol officer; and (e) took a breath of the said policeman’s clothes, flaping him with flaps, flabing him, and walking three times on the part of the said patrol officer.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written statement;

1. Application of Acts and subordinate statutes to internal investigation reports and investigation reports (the relative investigation of a fire fighter of the same kind);

1. Relevant Articles of the Criminal Act and Article 136 (1) of the Criminal Act concerning the crime. Article 136 (Selection of Imprisonment or Imprisonment);

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

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

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. The sentence shall be suspended on condition that probation is added only once, taking into account all the circumstances, including the details of the crime subject to the decision of sentence, the method and the history of the suspended sentence for the same crime, and the fact that there is the history of the criminal defendant being sentenced to a suspended sentence for the same crime, the defendant's mistake is recognized, the victim and the defendant have agreed smoothly with the victim, and there is no past record of the punishment sentenced to a suspended sentence for

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