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(영문) 대구지방법원 상주지원 2021.03.31 2020고단420
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

On October 7, 2020, the Defendant: (a) received 112 report from “C” in front of “C” located in B at the time of resident residence on October 7, 2020; and (b) controlled the Defendant’s act of disturbance of drinking from the head of the police station D police station affiliated with the resident police station, who was dispatched to the site, and was located there.

112 Shebling at the patrol, and she expressed that “Sech police typ, bitch fome, bitch fome, fch fome, fome, and fome, who received taxes paid by her inside,” the boomed the victim’s chest by her booming the brue on the ground that F of the circumstances belonging to the said brue f was her only when she was her, and assaulted the victim’s chest on one occasion.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the handling of reports and the control of crimes by police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of the Acts and subordinate statutes to photographs by cutting off on-site photographs and CCTV to the 112-Report processing slip;

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

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

1. Scope of punishment by law: One month to five years;

2. Scope of the recommended punishment according to the sentencing guidelines [type determination] Crimes impeding the performance of official duties: [Type 1] No interference with the performance of official duties/no coercion [no person subject to special sentencing] [the territory of recommendations and the scope of punishment] basic area, six months to one year and six months;

3. Determination of sentence: Six months of imprisonment with prison labor, and one year of suspended execution, the defendant assaulted a police officer who was dispatched to the scene while under the influence of alcohol, thereby obstructing the police officer from performing his/her duties;

The obstruction of the performance of official duties is a crime that undermines the function of the state by nullifyinging the legitimate exercise of public authority, and it is necessary to take measures to establish national legal order and eradicate the light of the public authority.

Even in March 2020, the defendant was punished for harming another person under the influence of alcohol, and the violent tendency of the defendant is also against the police officer.

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