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(영문) 대구지방법원 2020.10.20 2020고단3910
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 19:00 on July 1, 2020, the Defendant received a 119 report from a river located in the Daegu Dong-gu, Daegu, a 119-gu fire fighting unit affiliated with D (Nam, 47 years old) with the 119-gu 119 emergency fire fighting unit, and carried out a bath theory, such as "pon, bom, dead, etc." without any reason, and boomed flaps, and flapsed with flaps, and flapsed with flaps, and flapsed D’s face, and flapsed with D’s face.

At around 19:10 on the same day, the Defendant continued to respond to the foregoing place, and received a report of 112 years of age from the Daegu East East East Police Station E-gu, Daegu East Police Station, and tried to verify the details of the report, such as the defect in order to confirm the details of the report, such as “Yei, gy, gym, gym, gym, gym, gym, gym, etc.,” and assaulted the F’s left part by both hand.

Accordingly, the defendant interfered with legitimate execution of duties concerning rescue and emergency medical services of a fire officer without justifiable grounds, and interfered with legitimate execution of duties concerning the prevention, suppression and investigation of a police officer's crime.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Written statements of D;

1. Application of the Acts and subordinate statutes to crimes, such as victim DNA pictures, victimF photographs, etc., and arrest photographs;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act selecting a penalty;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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 recommended sentences according to the sentencing criteria;

(a) First Crimes (Determination of the Suspension of Performance of Official Duties) / [Article 1] No person who has the obstruction of performance of official duties [Article 1] [Article 1] [Scope of Recommendation and Recommendation] Basic Field, 6 months to 6 months of imprisonment

B. Second Crimes of obstruction of the performance of official duties (determination of types of obstruction of the performance of official duties).

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