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(영문) 대구지방법원 2019.05.17 2019고단724
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 December 30, 2018, at around 20:35, the Defendant interfered with a police officer’s legitimate execution of duties regarding the handling of 112 reports by assaulting the Defendant, i.e., the police officer belonging to the D Zone, who was dispatched after having received 112 reports, to check the details of the report, etc. by the Defendant. In his/her hand, the Defendant interfered with the police officer’s legitimate execution of duties regarding the handling of 112 reports.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes to a report on investigation (the photographing part of a police officer's assault and damage part), and a detailed statement of 112 reported cases;

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: Determination of sentence shall be made in full view of the following circumstances and the defendant's age, character and conduct, environment, motive, means and consequence of the commission of the crime, circumstances after the commission of the crime, and various conditions of sentencing as shown in the arguments in this case:

Unfavorable circumstances: Crimes are not good because the police officers dispatched after receiving a report 112 and interfere with legitimate execution of official duties.

In order to establish the law and order of the state and eradicate the light of the public authority, strict punishment on the crime of obstruction of performance of official duties is needed.

There are many criminal records and fines due to the same kind of punishment and violence.

A favorable circumstances: A person appears to have committed a crime in a contingent manner.

Confession of crime and reflects it.

Since 2002, there is no particular criminal power except for the previous conviction of a fine for negligence once after 2002.

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