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(영문) 대구지방법원포항지원 2020.08.12 2020고단703
공무집행방해
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On June 1, 2020, at around 08:05, the Defendant: (a) 112 reported to the effect that “one student takes on the way to water,” and (b) was a shoulderer for the Defendant who was under the influence of alcohol by the police box affiliated with the police box of the Gyeongbuk-gu Police Station of the Gyeongbuk-gu Police Station, who called the Defendant at the site after having received a 112 report; (c) and (d) took the bath of the above E’s left hand, such as cutting off the buckbbuck, re-one, and so forth, the Defendant shicked the above E’s left part, with his hand, with his intention to take a measure to invalid the Defendant, and sold it by assaulting the right hand of the said E, with his hand, and with his intention to do so.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement by police to E (victims);

1. One copy of the investigation report (field status and the response, etc. to the refer), internal investigation report (attached photographs of the damaged part), photographs of the damaged part, internal investigation report (attached to the 112 reported case processing report), investigation report (attached to the image of the damaged part), and one copy of the video CD related to the case;

1. The results of inquiry and the application of the Acts and subordinate statutes of the same kind of criminal records;

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. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

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] 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 crime of obstruction of the performance of official duties by sentence is a crime that undermines a legitimate exercise of public authority, thereby establishing a legal order of the State and eradicating the light of public authority.

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