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(영문) 대구지방법원 2020.05.22 2020고단746
공무집행방해
Text

A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 17, 2019, at around 23:35, the Defendant: (a) received a report from the business owner of the above hall, stating that “The reported business owner did not have any drinking value, and was paid by the customer; and (b) the circumstances, personal information, etc. of the instant case were requested from the E of the Daegu Southern Police Station D police box called out, but, upon receiving the report, the Defendant refused it and attempted to trade the above circumstances, and sold the said situation.”

Therefore, the Defendant was arrested as a flagrant offender in a crime of fraud for reasons such as fear of escape from the above circumstances, and was aboard the patrol vehicle, and the Defendant was prevented from getting out of the patrol vehicle and carried out the tobacco inside the patrol vehicle. On the same day, the Defendant requested the above circumstances to have the patrol vehicle again at the same place around 23:42 on the same day, and the above circumstances attempted to have the Defendant take aboard the patrol vehicle, rejected the request, and made once a back-up part of the above circumstances.

Accordingly, the defendant interfered with the handling of 112 reported cases by police officers and legitimate execution of duties concerning the arrest of flagrant offenders.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning E and F;

1. A written statement;

1. A list of working days and 112 reported cases;

1. Application of Acts and subordinate statutes on investigation reporting;

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

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

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. Determination of sentence: The following circumstances and the age, character and conduct, environment and motive, means and result of the commission of the offence:

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