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(영문) 대구지방법원상주지원 2020.09.23 2020고단158
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

At around 18:50 on April 27, 2020, the Defendant: (a) received a report from 112 that the Defendant scam in front of the Ccafeteria located in B at the time of stay, and the security guards and security guards, who were the police officers of the resident police station, dispatched to the site after receiving a report, prevented the Defendant; and (b) stated that “I am scam???????????????????????????????????????????????????????????????????????????????????????????

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. The application of Acts and subordinate statutes to the investigation report of the police statement of G and E (Attachment of CCTV video data for crime prevention);

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. Scope of punishment by law: One month to five years;

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 obstruction of performance of official duties [the scope of recommendations and recommendations] no person shall be subject to the coercion of official duties [the scope of recommendations and recommendations]. The basic area of recommendation, six months to one year and six months.

3. Determination of sentence: The crime of obstruction of the performance of official duties for one year by a suspended sentence of six months is a crime that undermines the functions of the State by nullifying the exercise of legitimate public authority, and thus, it is necessary to establish national legal order and cope with such crime in order to eradicate the light of public authority;

However, it is difficult to see that the degree of assault committed by the defendant is significant, taking into account that the defendant has no record of being punished for the same kind of crime, and the defendant's age and criminal behavior environment, motive means of the crime, results of the crime, circumstances after the crime, etc., and all of the sentencing conditions in the arguments and records shall be considered comprehensively.

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