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(영문) 대구지방법원 2021.02.18 2020고단6022
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 29, 2020, the Defendant: (a) on the front of the Daegu Northernbuk-gu B, Daegu Northern-gu, and (b) on the front of the Defendant: (c) on the 2020-round 200-round 20-25, the Defendant was using the road on the road, and (d) on the top of this end, “On the 112-round report, the Defendant was traveling to the seat of the Defendant on the back seat of the patrol vehicle with the consent of the police officer affiliated with the

While moving as above, the defendant 119 first-aid vehicles in front of the same Gu E, and the members of the first-aid service intended to treat the wife in front of the defendant's ma, took a bath to the members of the first-aid service while under the influence of alcohol, and prevented the above D from spreading a path, the defendant she created a path for the first-aid service personnel, and "up to the end of this rings."

“In doing so, D’s finger fingers by hand were assaulted once by making D’s head a drink with his fingers.”

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Reports on internal investigation (limited to work logs and copies of public officials' certificates);

1. 112 A list of reported cases;

1. Application of Acts and subordinate statutes to photographs at the time the person is discovered;

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: Imprisonment with labor for one month to five years;

2. Scope of the recommended punishment according to the sentencing guidelines / [type 1] Interference in the performance of official duties on the grounds of a crime interfering with the performance of official duties / [No person subject to special sentencing] [the territory of recommendations and the scope of the recommended punishment] basic area, six months through one year and six months.

3. Determination of sentence: Determination of sentence shall be made in full view of the following circumstances and the defendant's age, sex, environment, motive, means and consequence of the commission of the crime, circumstances after the commission of the crime, and various conditions of sentencing as shown in the arguments of this case:

Unfavorable circumstances: The defendant is the police who intends to protect the person under the influence of alcohol.

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