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(영문) 대구지방법원영덕지원 2020.11.11 2020고단245
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 August 22, 2020, at around 04:30, the Defendant: (a) in front of C, a police station, a police station, a police station, a police station, a police station, and a police officer called to the scene after having received a report of 112 that a drunk person would escape disturbance; (b) received a notification of violation of the Punishment of Minor Offenses Act from E to the police officer who was subject to the notification of the said police officer’s violation of the said Act; (c) “In short, he must write down money; (d) write down the money in which he would fall short of money; and (e) took a notice of notification; and (e) took a sound on the floor; and (e) threatened the police officer with drinking; and (e) assaulted the said police officer by force with a knick knife.

Accordingly, the defendant interfered with legitimate performance of duties on the investigation by police officers, crime prevention, etc.

Summary of Evidence

1. The police statement of the defendant E in his court statement;

1. Application of the Acts and subordinate statutes to each internal investigation report, each investigation report, 112 case handling table, place of work, each notification disposition, each photograph, video CD-related act and subordinate statutes;

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

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

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

2. Scope of the recommended sentence according to the sentencing guidelines [decision of type] of the obstruction of performance of official duties or coercion of duties (special sponsor] - Reduction elements: Where the degree of assault and threat, threat, and deceptive scheme is minor (the range of recommending area and recommendation range), mitigation area, one month to eight months of imprisonment.

3. Determination of sentence shall take into account the following circumstances and the Defendant’s age, environment, character and conduct, motive, means and consequence of the commission of the crime, and all sentencing factors indicated in the pleadings of this case, including the circumstances after the commission of the crime, and the sentence shall be determined as ordered and the execution of the sentence shall be suspended on condition that the community service order is faithfully observed.

The crime of obstruction of the performance of official duties of this case is committed.

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