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(영문) 대구지방법원 2019.07.24 2019고단2071
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 March 20, 2019, the Defendant reported on March 20, 2019, at the front of the Daegu Middle-gu B building, that “the si is unable to proceed to the si because the si is blocking the path” was unable to operate the si on the front of the Gyeong-gu B building. After receiving a 112 report, the Defendant was unable to handle the reported duties and urge the Defendant to return home, and the Defendant was unable to operate the si on the front of the Gyeong-gu B building.

The Defendant continued to hold a patrol vehicle in his hand, and let a policeman E, who was on board the steering boom, get him to get off, and then interfered with the operation of the patrol vehicle over about 20 minutes, such as blocking the front of the patrol vehicle in front of it.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of D and E;

1. Each internal investigation report and place of work;

1. Application of CCTV-related Acts and subordinate statutes;

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

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:

It is severe punishment for the crime of obstruction of performance of official duties in order to be poor in light of the contents of the crime, to establish the state's legal order and to eradicate the light of public authority.

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