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(영문) 대구지방법원 2019.07.17 2019고단2062
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for up to 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 April 3, 2019, at around 22:56, the Defendant reported 112 to the front of the restaurant located in the Masan-dong in Busan-si, and reported 112, that “Arrecker can take the front of the restaurant”, the Defendant discovered the Defendant who was under the influence of alcohol before the restaurant, left the taxi platform before the restaurant, and returned home to the front of the taxi platform after boarding the patrol vehicle, and interfere with the guard E’s desire, such as “Arch-fat-fat-fat-fat-fat-fat-fat-fat-fat-fat-fat-fat-fat-fat-fat-fat-fat-fat-fat-si,” and the Defendant did not start the patrol between 30 minutes by opening the front door of the patrol fat-fat-fat-fat-fat-fat-fat-fat-fat-fat-fat-fat-fat.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. The application of the "D Zone Work Hours" attached to the police investigation report and the application of each photographic statute

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 [the decision of types] the obstruction of performance of official duties and coercion of duties [the person in special form] - mitigated elements: In cases where the degree of assault, intimidation and deception is minor, [the scope of the recommended area and the punishment of recommendation] mitigation area, there is no person who has been sentenced to imprisonment with labor for one 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, the grounds for general pride are clear, serious reflections, and there is no criminal record of suspension of execution or more.

3. Determination of sentence: The police officer who solicits him/her to return home in six months after the suspension of execution of one year shall spread verbal abuse and use his/her real force.

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