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(영문) 대구지방법원 2020.09.09 2020고단2594
공무집행방해
Text

A defendant shall be punished by imprisonment for four 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 March 27, 2020, the Defendant reported 112 on the street in front of the Daegu Southern-gu B'C' restaurant, which was under the influence of alcohol and in the dispute, and requested the police officer to return home from the police officer E and the police officer of the Daegu-gu Police Station D District of the Police Station D, Daegu-gu, Seoul-gu, upon receiving a report on 112 that she would have been under the influence of alcohol and walked, and that she would have been under the influence of alcohol, but the police officer was asked to return home from the police officer E and the police officer of the police officer. However, the police officer was able to take a bath and take other actions on the part of the police officer's she was under the influence of the Defendant, and the police officer's she was under the control of the Defendant, and the she was under the back part of the f's head she was under the control of this.

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

Summary of Evidence

1. Application of Acts and subordinate statutes to the defendant's legal statement F, each police officer's protocol of statement to E, a copy of the working place in the D district;

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

1. Selection of a punishment under Articles 40 and 50 of the Criminal Act (the punishment prescribed for the crime of obstruction of performance of official duties against E with heavier punishment)

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] the obstruction of performance of official duties and coercion of duties [Special Convicts] - mitigated elements: In cases where the degree of violence, intimidation and deception is minor, [the scope of the recommended area and the recommended punishment] mitigation area, there is no person who has been sentenced to imprisonment for one month to eight months [the grounds for suspension of execution] [the grounds for suspension of execution] - Where the degree of violence, intimidation and deceptive scheme is minor: In cases where the degree of general pride is minor, there is no person who has been committed a serious reflect or a person who has been sentenced to suspension of execution or heavier punishment.

3. Determination of sentence: The crime of obstruction of the performance of official duties of this case for four months of imprisonment and one year of suspended execution is an assault against police officials who perform official duties for social safety and maintenance of public order and as well as damage to police officials.

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