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(영문) 대구지방법원 포항지원 2020.01.09 2019고단1445
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

On October 23, 2019, at around 20:30, the Defendant stated that “A person who has a sniffed in the city,” and “a person who has a sniffed in the south-gu Office of Port Police, who was dispatched to the site upon receipt of a report 112, the Defendant expressed that “A siff is a person who has a siffed inside, siffy, siffy, siffy, siffy, siffy,” and that “a person who has a siffy, siffy, siffy, siffys at the right hand of the said D without any particular reason.”

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. List of work days and 112 reported cases;

1. Application of each statute on photographs;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of punishment by law: Imprisonment for one to five years;

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 only once, taking into account all circumstances, including the details of the crime subject to the decision of sentence, method and violence, the fact that the defendant was sentenced once to a fine, the fact that he was unable to obtain a letter of tolerance from the victim and was not recovered from damage, and the execution of the sentence shall be deferred only once, taking into account the defendant's age, health, family relationship, etc.

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