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(영문) 대구지방법원 포항지원 2019.05.28 2019고단220
공무집행방해
Text

The punishment of the accused shall be set forth in six months.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 06:40 on December 31, 2018, the Defendant: (a) received a report from 112 on the street in front of the C Hospital located in Nam-gu B, Nam-gu; and (b) recommended a policeman affiliated with the D Zone D District of the Ponam Police Station, who called up, to return home; (c) he/she was discharged from the road on which he/she passed; (d) he/she was frighted to wear up his/her working uniform; and (e) he/she abused E/her face one time by drinking.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. 112 Reporting case handling table; and

1. Application of each statute on photographs;

1. Relevant Articles of the Criminal Act and Article 136 (1) of the Criminal Act concerning the crime. Article 136 (Selection of Imprisonment or 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. The execution of a sentence shall be suspended only once, taking into consideration the following: (a) the details and methods of the crime subject to the sentence; and (b) the accused has the criminal records of punishment sentenced to a fine on three occasions for violent crimes; (c) the sentence shall be executed only once, taking into account the fact that the accused has committed a mistake in depth; (d) the accused has agreed with the victim only smoothly;

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