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(영문) 대구지방법원 2020.08.19 2020고단2547
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight 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

Around 01:00 on April 28, 2020, the Defendant assaulted “C” main points located in Yongcheon-si B, Youngcheon-si, with the Defendant’s report of his disturbance, by asking personal information from E of the police box affiliated with the Youngcheon-gu Police Station: (a) who was called out after having received the Defendant’s report of his disturbance; and (b) who does not comply with the call at his own end, and (c) took a cell phone with E face.

Accordingly, the defendant interfered with legitimate execution of duties concerning the protection of police officers' lives, bodies and property, prevention, suppression and investigation of crimes.

Summary of Evidence

1. Application of Acts and subordinate statutes to the defendant's legal statement F, each police statement of the defendant to investigation into the defendant's statement of the defendant F, and each police statement of the defendant to Eul (verification of the 112 Report Processing Statement);

1. Article 136 (1) of the Criminal Act applicable to the crimes;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service 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 types] the obstruction of performance of official duties [Type 1]/ the coercion of official duties [the scope of recommending area and recommendation] There is no person who has been forced to perform official duties] (the scope of recommending area and recommendation] basic area, six months through one year and six months [the general person] mitigation element] - The mitigation element: In the case where there is no penalty (if there is an unserious injury] [the grounds for suspension of execution] - The principal pride element: The non-prosecution of punishment (including a serious injury for recovery of damage) - The principal misconduct reason for the same kind of offense (including a serious injury for recovery of damage within five years, a suspended sentence or a fine not less than three times): The serious reflective reason - the general pride reason for the suspension of execution not less than twice.

3. Determination of sentence: The Defendant committed the instant crime even if he/she was sentenced to a suspended sentence of imprisonment with labor for the same kind of crime as eight months of imprisonment or two years of suspended sentence, and the obstruction of performance of official duties in this case is an offense of violent interference with police officers’ legitimate duties, which maintain social order and maintain public order, and is in itself unlawful.

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