logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2020.05.28 2020고단643
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 06:50 on November 22, 2019, the Defendant: (a) at the Daegu Southern-gu B police box, at around 06:50, the Defendant confirmed the on-site situation and asked the Defendant to return to the above police box after having confirmed the on-site condition; (b) opened the police box, and talked with the case of violence. The Defendant called “I am going to the police box,” and called “I am to the above police box, I am to the above police box, and moved to the above police box, and without any justifiable reason, I am aware of the Defendant, “I am arrested the same son, I am to the police box; and (c) I am to the above assistant. I am close to the police box by means of violence, I am to the police officer.” (d) I am to the above police box, and (e) I am to the above police box.

As a result, the defendant interfered with the handling of 112 reported cases by police officers, prevention of crimes, and legitimate execution of duties concerning investigation.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to report internal investigation (for the damage load);

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

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) of the obstruction of performance of official duties: [Type 1]/ the coercion of official duties (special sponsor): Where the degree of violence, intimidation, and deceptive scheme is minor (the scope of the recommended area and the recommended punishment), mitigation area of the sentence, and one month to eight months of imprisonment.

3. Determination of sentence - Determination of sentence - Establishment of a state’s legal order and public authority’s light of the need for strict punishment for crimes of obstruction of performance of official duties.

arrow