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(영문) 대구지방법원 서부지원 2019.08.08 2018고단3491
공무집행방해
Text

A defendant shall be punished by imprisonment for six 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 November 17, 2018, the Defendant reported 112 to the effect that “the Defendant has been living in person” on the front of the Daegu-gu Office B, Daegu-gu, the Defendant reported 112, and received 112 reports, and took a bath to the Defendant 15 minutes after receiving questioning of the circumstances of the instant case from D who was dispatched to the site, and assaulted the police officer at one time at the time of her 15 minutes.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on handling 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of statutes governing the list of damaged photographs, work logs, and 112 Reporting Cases;

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 62(1) of the Criminal Act (see, e.g., Article 62(1) of the Act on the Suspension of Execution of Doin as follows);

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

1. Scope of applicable sentences under law: One to five years of imprisonment;

2. The scope of the recommended sentence according to the sentencing guidelines [decision of type] The obstruction of the performance of official duties [Type 1]/ the coercion of official duties [the scope of the recommended area and recommendation] There is no person who has been forced to perform his/her duties] (the scope of the recommended area and recommendation] basic area, six months to one year and six months [the general person] [the grounds for suspension of execution] [the grounds for suspension of execution] general pride: - There is no serious reflect, no person who has been sentenced to a suspended sentence or more, and the defendant's health status is very high.

3. Six months of imprisonment with prison labor and two years of suspended sentence; and

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