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(영문) 대구지방법원 2020.06.24 2020고단1668
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

except that 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 22:00 on March 24, 2020, the Defendant: (a) reported “C” in Daegu Jung-gu, Daegu; and (b) took a bath to the effect that he was solicited to return home from “A” in the circumstances surrounding the D District of the Daegu Jung-gu Police Station D District, Daegu, which called out after receiving a 112 report; (c) took the her face into consideration; (d) was tightly sealed, sealed, and pushed into the face of the above circumstances E; and (e) continued to see the e-mail of the ice E.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers concerning 112 reporting handling duties.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning E and F;

1. A report on internal investigation:

1. Application of a copy of notification to a department related to 112 case reporting, or a copy of a work log;

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. 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. Determination of sentence: Determination of sentence shall be made in full view of the following circumstances and the defendant's age, character and conduct, environment, motive, means and consequence of the commission of the crime, circumstances after the commission of the crime, and various conditions of sentencing as shown in the arguments in this case:

Unfavorable circumstances: Crimes are inferior in light of the contents of crimes.

In order to establish the law and order of the state and eradicate the light of the public authority, strict punishment on the crime of obstruction of performance of official duties is needed.

The favorable circumstances are confession and reflective.

There is no criminal record exceeding the same kind of power or fine.

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