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(영문) 대구지방법원 김천지원 2019.02.13 2018고단1319
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On December 15, 2018, at least 01:35, the Defendant, upon receiving a report from 112 on the road in front of the Cju shop located in Gumi-si B, 112, expressed the Defendant’s desire to see that “Is to get home along with his/her invitation to return home from the police officer belonging to the D District of the Gumi Police Station D District called the Defendant, who called “Ising, sing off, sing off, and sing off,” and used the eyebrow of the above E with his/her eyebrow.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written statement of F and G;

1. Application of the video closure photograph Acts and subordinate statutes at the time of crime;

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

1. The main sentence of Article 62 (1) of the Criminal Act;

1. Reasons for the sentencing of Article 62-2(1) of the Social Service Order Criminal Act [Determination of Punishment] : Type 1 (Determination of Obstruction of Performance of Official Duties/Performance of Duties) / [Determination of the recommended area] Basic Field / [Scope of Recommendation] 6 months to 1 year and 6 months / [Prohibition of Suspension of Execution] - Reasons for general participation: No person who has any criminal record of a stay of execution or more (self-esteem) / No person who has a criminal record of a stay of execution or more [Determination of Punishment and Recommendation] . The comparison of punishment and recommended punishment by law for one to five years

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