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(영문) 대구지방법원 서부지원 2020.04.02 2019고단2621
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

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 September 16, 2019, the Defendant was faced with disturbance at the third floor office of the building located in the 3rd floor office of the Korea Electric Power Corporation located in Seogu, Seogu, Daegu, 85, Korea Electric Power Corporation. On September 16, 2019, the Defendant took the face of the said C in drinking, saying, “I am out of the said building, I am out of the said building, and am out of the said building, and requested to return home.”

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of a copy of the work log in the B District, a 112 reported case processing table, on-site photographs, 112 reported processing photographs, CCTV images CDs, and statutes governing suspended photographs;

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 (hereinafter “reasons for suspended sentence”), including the following: (a) the Defendant has no specific penal power, in addition to the punishment imposed once by a fine in around 1996, in light of the favorable circumstances that would result in death in the “reasons for suspended sentence” of the Criminal Act; (b)

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 type] The obstruction of performance of official duties [Type 1]/ the coercion of official duties [the scope of the recommended area and recommendation] There is no person who has been forced to perform his/her duties] (the scope of the recommended area and recommendation] basic area, six months to one year and six months [the general person] [the grounds for suspension of execution] - The grounds for suspension of execution of general pride are clear social relation, serious reflectness, and there are no criminal records of a suspended sentence or more.

3. Determination of sentence: Six months of imprisonment and two years of suspended sentence;

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