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(영문) 대구지방법원 포항지원 2019.05.02 2019고단60
공무집행방해
Text

The punishment of the accused shall be set forth in six months.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 20:55 on November 29, 2018, the Defendant: (a) 20:55, before the Defendant’s house located in Nam-gu B and C at port, the Defendant: (b) taken a 112 report, and sent back from the slope E belonging to the D District Unit of the Poan Police Station at the Poannam-gu Police Station D District of the Republic of Korea Police Station “I would like to have the horses known. I would like to hear the Defendant’s face immediately front of the slope E face; (c) “I would have the shot, name and become known after theme was put up, I will come to come to know.”; (d) The Defendant took two tights of the chest E in two fingers; (d) spawn the scher of E with a bad hand, spawn it, and assaulted the chest of E, and (e) 1) the chest of the elbow of the el.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling List;

1. Relevant Articles of the Criminal Act and Article 136 (1) of the Criminal Act concerning the crime. Article 136 (Selection of Imprisonment or Imprisonment);

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of punishment by law: Imprisonment for one to five years;

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. The punishment shall be determined by taking into account the circumstances, such as the details of the crime subject to the determination of the sentence and the method of the sentence, etc., that the nature of the crime is not minor in light of the fact that the victim was unable to receive an application from the victim, and the execution of the punishment shall be suspended at once only in consideration of the age, health, environment, etc. of the defendant, including the fact that the defendant is against wrong, contingent, and the fact that

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