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(영문) 대구지방법원포항지원 2020.09.10 2020고단624
공무집행방해
Text

The punishment of the accused shall be four months by imprisonment.

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 February 5, 2020: (a) around 00:13, the Defendant: (b) received 112 report that women are walked at Cran tavern in the north-gu B at port; (c) when he was arguing that women are walked, the Defendant was walked, and the Defendant was walked, and the Defendant was walked to the F; (d) he walked the Defendant; (e) the police officer “I walked off, walked off, and down, I walk the walle of I walk, which was adjacent to him, on the ground that he was subject to death; and (e) the police officer’s walk walk, who was walked to control him, was balked at once by hand on the floor of I walk.

On the other hand, the Defendant continued to use the h’s bath, “Chos and spares,” and expressed a bath to the above H, “Chos and spares and spares,” and assaulted the relevant F, “Chos, spares and spares,” to restrain them.

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

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Each statement;

1. Application of each investigation report and the Acts and subordinate statutes on internal investigation;

1. Relevant Articles of the Criminal Act and Article 136 (1) of the Criminal Act concerning the crimes. Article 136 (Selection of Imprisonment or Imprisonment);

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one to seven years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) First Crimes (Determination of Punishment) (Obstruction of Performance of Official Duties). Obstruction of Official Duties (Type 1 / No person who has been forced to perform his/her duties) (the scope of recommendation area and recommendation area) basic area, six months to one year and six months of imprisonment

B. Second Crimes of obstruction of the performance of official duties (determination of types of obstruction of the performance of official duties). The obstruction of the performance of official duties (Article 1).

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