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(영문) 대구지방법원 안동지원 2019.01.25 2018고단313
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 04:55 on June 9, 2018, the Defendant, at the Dong-si B building, and D’s residence located in the Gu-ho Lake C, reported on 112, and used the Defendant’s face-to-face on one hand at the right hand, for the Defendant’s request for returning home from the police officer F who belongs to the Andong Police Station E zone, called the scene at the scene after receiving a report of 112, and used the Defendant’s assaulted the Defendant on one occasion at the right hand.

Accordingly, the Defendant interfered with the legitimate execution of duties of police officers in relation to the 112 Report Handling.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Each statement of G and H;

1. Application of Acts and subordinate statutes to report on investigation (Attachment to photographs of victims);

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. Sentencing Criteria (Scope of Recommendation) : Type 1 (Obstruction of Performance of Official Duties) and the basic area (six months to one year and six months) of the obstruction of performance of official duties; and

2. The Defendant, upon receiving 112 report, expressed a desire for the police officer in uniform called out, and committed violence.

This act is likely to be criticized not only in that it interferes with the police officer's duty to maintain order, but also in that it can promote a light of legal order and public authority.

However, the defendant is currently recognizing and opposing his mistake.

The degree of violence against the police officer is relatively minor.

There is no criminal record against the defendant.

In addition to this, the defendant's age, character and conduct, environment, health status, motive and circumstances of the crime, and all the circumstances revealed in the trial process shall be determined as ordered.

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