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(영문) 대구지방법원 2020.12.16 2020고단4770
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for up to 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 00:20 on August 30, 2020, the Defendant, while drunk on the front side of the “C” located in Daegu Dong-gu, Daegu-gu, for the 112 reported cases, took a bath to the effect that, “I will prevent the front of the 112 reported cases, E, and F, of the Daegu Dong-dong Police Station D District Unit in the Daegu-dong Police Station D District to leave the patrol vehicle, and “I will not walk our house to our house, stick to the public, open the police ring, and close to the tax,” and used the assault to force the above F to go against the patrol door.

Accordingly, the Defendant interfered with the legitimate execution of duties for the handling of reported case by E and F, a police official.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Application of Acts and subordinate statutes on the place of work in the D District;

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

1. Articles 40 and 50 of the Criminal Act dealing with the settlement of conceptual concurrences;

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. Scope of the recommended sentence according to the sentencing guidelines [decision of type] Scope of the obstruction of performance of official duties / [Type 1] / coercion of performance of official duties - mitigated elements: In cases of minor degree of assault, intimidation and deception / [the scope of the recommended area and the recommended punishment] mitigation range, imprisonment with labor for one month to eight months [the general person] mitigation elements - (the general person who is punished] mitigation element - (the reason for suspension of execution of sentence / Where the degree of assault, intimidation and deceptive scheme is minor, the reason for suspension of execution - In cases of minor degree of assault, intimidation and deceptive scheme - there is no criminal record above serious reflectness or suspended execution.

3. Determination of sentence: Imprisonment with prison labor for six months, and one year of suspended sentence, and one year of suspended execution to female police officers in charge of the 112 reported duties, in consideration of the following: (a) as a result of such determination, it cannot be deemed that the liability for the crime is less light in light of the following: (b) it is a minor assault, which led to the minor assault, and thus does not differ by the victim police officers.

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