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(영문) 대구지방법원 2020.02.19 2020고단168
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 January 2, 2020, at around 18:40, the Defendant: (a) received a report from 112 on the street in front of the Daegu Dong-gu B building, and 112, and obstructed the Defendant by drinking as a matter of drinking, a slope D belonging to the Daegu Dong-dong Police Station C District District of the Daegu Dong-gu Police Station, which called “I am under the influence of alcohol,” and (b) am under the influence of alcohol; (c) stated that “I am under the influence of alcohol, I am under the influence of weather, I am under the influence of weather, I am under the influence of weather, I am under the view that I am under the influence of drinking; (d) I am under the view that I am under the influence of drinking, I am under the view that I am under the influence of drinking, I am under the influence of drinking, I am

Accordingly, the Defendant interfered with the police officer's legitimate performance of duties concerning the handling of 112 reports.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. E statements;

1. Application of Acts and subordinate statutes to investigation reports (Evidence Nos 7 and 10);

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 punishment by 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 inferior in light of the contents of crimes.

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.

The favorable circumstances are confession and reflective.

There is no criminal record exceeding the same kind of power or fine.

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