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(영문) 대구지방법원 2019.07.10 2018고단1703
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for three years from the date of the final judgment.

Reasons

Punishment of the crime

At around 20:40 on March 28, 2018, the Defendant received 112 reports from Daegu Dong-gu B to the effect that “Sak is frighting and frighting,” and received a recommendation to return home from D and E from the police officer affiliated with the Daegu Dong-dong Police Station C who called “Saking and frighting, but frighting, frighting, frighting to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on 112 reporting processing and maintenance of public order.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to police investigation reports (CCTV image verification and attachment);

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election 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] the obstruction of performance of official duties and coercion of duties [Special Convicts] - mitigated elements: In cases where the degree of assault, intimidation and deception is minor [the scope of the recommended area and the recommended punishment] mitigation area, there is no person who has been sentenced to imprisonment for one month to eight months [the grounds for suspension of execution] [the grounds for suspension of execution] - Where the degree of assault, intimidation and deceptive scheme is minor: In cases of minor reasons for suspension of execution: Before the period of suspension of execution, lack of social relationship, and there is no serious reflective relation at least twice.

3. Determination of sentence: A sentence of imprisonment with prison labor for eight months; a police officer who solicits him/her to return home at his/her mother house, such as a stay of execution for three years; a police officer who commits violence; and a police officer who has been sentenced to imprisonment with prison labor for a violent offender or a larceny; and a police officer who has been sentenced to imprisonment with prison labor for the past;

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