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(영문) 대구지방법원 포항지원 2019.09.26 2019고단774
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 April 4, 2019, the Defendant: (a) 04:35 on April 4, 2019, the Defendant: (b) expressed that, under the influence of alcohol in front of the main point of “C” located in Spoon B, the Victim D (the age of 32) was set up on the blicks of Epool-do car with no particular reason; (c) reported the above victim to 112; (d) the Defendant expressed that “C spos and spores shall be discarded down” to the victim; and (d) assaulted the victim, such as cutting down the victim’s left shoulder by hand, putting the victim’s sexual flag part into the floor by cutting down the victim’s sexual organ on another hand.

2. On April 4, 2019, around 04:53, the Defendant: (a) reported at the place under Paragraph (1); (b) and (c) as referred to in Paragraph (1), 112, stating that “the foregoing person gets out of the vehicle”; (b) G and slope H were to return home to the Defendant; (c) the Defendant was to remove the Defendant from the Defendant, and (d) the said H was to drink the bottom of the bones left part of the said H’s boundary.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in regard to the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, H and I;

1. A list of working days in the F District and 112 reported cases;

1. Application of each statute on photographs;

1. Article 136 (1) of the Criminal Act and Article 260 (1) of the Criminal Act (the point of obstruction of performance of official duties) concerning the crime and the choice of punishment (the choice of each 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. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

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 of obstruction of the performance of official duties (determination of types of obstruction of the performance of official duties) (Article 1).

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