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(영문) 대구지방법원 김천지원 2019.09.10 2019고단687
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

However, 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 June 19, 2019, at around 01:10, the Defendant, at the front stairs C located in Gumi-si B, received 112 report in relation to the case in which the Defendant assaulted an employee and requested a policeman to return home from the police officers belonging to the D District Unit of the Gu Police Station D District of the Gu Police Station who called out after receiving 112 report in relation to the case, and her face was expressed one time by her hand, and her face was expressed by her hand at a parking lot corresponding to the above E, and her face while her talks with the police officers.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning 112 reports.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written statement of F and G;

1. Application of the report of internal history (related to the attachment of photographs, CCTV images, etc., and the attachment of caps photographs, such as CCTV images), each photograph, details of service, and the Acts and subordinate statutes on closure photographs;

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

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

2. The scope of the recommended sentence according to the sentencing guidelines [the scope of the punishment of imprisonment] the obstruction of performance of official duties [the category 1]/ the coercion of official duties [the scope of the recommended area and the punishment of recommendation] basic area, six months to one year and six months.

3. In light of the content of the instant crime, it is not good that the Defendant, who was sentenced to sentence, assaults persons under the influence of alcohol at his age club, and served several police officers dispatched after receiving a report.

Even if the defendant did not seem to seriously reflect on the crime even if he was seen in the investigative agency or in this court, the police who assaulted another person and dispatched the other person at the drinking house, as in this case.

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