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(영문) 대구지방법원 2020.01.15 2019고단6097
공무집행방해
Text

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

At around 00:30 on November 12, 2019, the Defendant was urged to undergo an investigation at the police station in the future from a police officer belonging to the 112 police station affiliated with the Daegu East-gu Police Station D Zone D District of the Daegu East-gu Police Station called out after receiving a 112 report while being drunked by the employees at the C convenience store located in Daegu-gu Dong-gu B, Daegu-gu, 2019, and threatened E to undergo an investigation at the police station in the future. The Defendant: (a) was flick, knife, knife, knife, knife, knife, knife, knife, knife, knife, knife, knife, knife, knife, and knife knife in the process of arresting the flagrant offender at the police station.

As a result, the defendant interfered with the police officer's 112 reporting handling duties and the investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of police statement concerning E and F;

1. Application of Acts and subordinate statutes to the 112 Reporting Report List and a copy of 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 punishment by 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 content of crimes.

The aim is to establish the legal order of the state and eradicate the state of public power.

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