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(영문) 대구지방법원 포항지원 2019.06.13 2019고단224
공무집행방해등
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

1. On January 26, 2019, the Defendant of the obstruction of performance of official duties: (a) received a report from 112 that “C” located in Nam-gu, Nam-gu; and (b) recommended the Defendant to pay the drinking value and return home to the Defendant by E and F, a police officer affiliated with the police station D police station at the port south-gu, which called “C under the influence of alcohol” at the port; (c) the Defendant did not put the Defendant’s hand, who was a guest at the port; (d) the Defendant did not put the said E’s hand, and (e) took the f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s b’s f’

Accordingly, the Defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases.

2. The Defendant, at the time and place set forth in paragraph (1), and at the place where the victim H, a police officer affiliated with the Portnam Police Station D police box, openly insulting the victim by openly insulting the victim by referring the victim to “this chex son” and “this bit son son son son son son son son son son son son son son son son son son son son son son son.”

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to E, F, and J;

1. The president of the H’s complaint;

1. 112 Report sheet, work log;

1. Application of each statute on photographs;

1. Article 136(1) of the Criminal Act and Article 311 of the Criminal Act ( point of obstruction of performance of official duties) concerning the relevant criminal facts and the choice of punishment ( point of insult of imprisonment with prison labor);

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

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

1. Scope of applicable sentences under law: Imprisonment with prison labor for one to seven years;

2. Scope of recommended sentences according to the sentencing criteria;

A. First Crimes (Determination of the Suspension of Performance of Official Duties) / [Type 1] Obstruction of Performance of Official Duties / No person forced to perform his/her duties (special person) (the scope of recommendation area and recommendation range] basic area, six months to one year and six months.

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