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(영문) 대구지방법원 2021.02.23 2020고단6315
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 18, 2020, the Defendant provided customers with the desire and the expenses of proxy in the 00:10, Daegu Northern-gu B apartment parking lot on November 18, 2020, and the Defendant provided them with the expenses of proxy.

“To receive the 112 report, and to be urged by the police officer D to return home on several occasions from the police officer D belonging to the Daegu Gangnam-gu Police Station C police station, who called the site, “A Do, Ga, Ga, Ga, Ga, Ga, Ga, Ga, Ga, Ga, Ga, Ga, Ga, Ga, Ga, Ga, Ga, Ga, Ga, Ga, Ga, Ga, Do, Do, Do, Do, Do, Do, Do, Do, Do, Do, Do, Do, Do, Do

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. E statements;

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

1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act concerning the selection of punishment;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. The scope of the recommended punishment according to the sentencing guidelines [the types of decisions] that interfere with the performance of official duties on the grounds that [the Class 1] does not interfere with the performance of official duties [the territory of recommendations and the scope of the recommended punishment] (the scope of the recommended punishment], the basic area of the recommendation, six months of imprisonment to one year and six months;

2. Determination of sentence: (a) comprehensively taking account of the following circumstances and the Defendant’s age, occupation, sex, environment, motive and means of committing the crime and the consequences thereof; and (b) the circumstances after committing the crime; and (c) the conditions of various sentencing as shown in the pleadings of the instant case, the sentence shall be determined as ordered.

D. Unfavorable circumstances: The crime of this case is not likely to be a case of assaulting a police officer who was performing official duties by the defendant.

A favorable circumstances: The defendant recognized the crime of this case and is against the defendant.

The defendant seems to have committed the crime of this case by contingency.

There is no criminal conviction or fine exceeding the same criminal record or fine for the defendant.

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