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(영문) 대구지방법원영덕지원 2020.11.04 2020고단219
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 28, 2020, at around 00:35, the Defendant was urged to return home from the police officer E who was sent to the scene after receiving a report of 112 that there was a dispute over the business owner and charge of the above main station, and was dispatched to the scene.

On the same day, at around 00:45, the Defendant expressed the above police officer’s desire to examine the police officer on the ground that the above police officer conducted an investigation on the fachisium, “Ye, fachip, fachip, fachip, fachip, fache, fachi, fache, fachis, fache, fachis, fache, fachis, fachis, fachis, etc.,” and the above police officer was aboard the police station to get out of the police station after receiving the 112 report, and the police officer committed violence, such as gambling at the front of the police station several times, and continuously interfered with the passage of the police station at around 01:20 on the same day after the dispatch of the police officer to the police station.

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

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to police reports on internal investigation report to E, service log, photographs of 112 reported case processing table, video CD-related Acts 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: In cases 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. Sentence;

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