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(영문) 대구지방법원상주지원 2020.10.28 2020고단225
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

At around 00:30 on June 25, 2020, the Defendant asked the Inspector E, a police officer belonging to the district unit of the resident police station, who called out after receiving the Defendant’s 112 report, to “whether or not the house is going to go to and go to and from the house,” who heard the answer “I shall go to and go to and go to the home,” and assault E, “I will want to go to go to and go to the home,” and “I will go to and go to the home.”

As a result, the Defendant interfered with the legitimate performance of official duties by police officers on handling 112 reported cases.

Summary of Evidence

1. Application of Acts and subordinate statutes to each investigation report by the police on the defendant's statement statement E in the court statement of the defendant (referred to 5, 8, 9, 12, 15 of the evidence list);

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

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

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

2. The scope of the recommended sentence according to the sentencing guidelines [decision of type] the obstruction of performance of official duties (category 1] and the absence of the obstruction of performance of official duties [the scope of the recommended area and the scope of the recommended punishment] and the basic area of the recommendation [the scope of the recommended area and the recommended punishment], six months to one year and six months.

3. Determination of sentence: The crime of obstruction of the performance of official duties for one year by a suspended sentence of six months is a crime that undermines the functions of the State by nullifying the exercise of legitimate public authority, and thus, it is necessary to establish national legal order and cope with such crime in order to eradicate the light of public authority;

However, it is difficult to view that the degree of assault inflicted by the defendant is significant, taking into account the fact that the defendant has no record of being punished for the same kind of crime, and the arguments and records of this case, such as the age and criminal behavior environment of the defendant, motive means and results of the crime, circumstances after the crime, etc.

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