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(영문) 대구지방법원 포항지원 2021.03.03 2020고단1029
공무집행방해
Text

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

However, 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

On May 12, 2020, at around 22:55, the Defendant: (a) at the police station C in the Southern-gu Police Station C in the Southern-gu, Chungcheongnam-gu; (b) before having received a report on a violent case against the Defendant’s female living together with him; (c) sought the police officer of the above dispatch; and (d) sought a complaint against the police officer who called his residence; and (c) “I am on the part of our house; (d) I saw that I am going to move to the Korean house; and (e) I am to the said police box, “I am called to our house; and (e) I am to the Defendant by avoiding the disturbance by explaining the situation and future procedure at the time of the dispatch, etc.; and (e) I am to the Defendant when I am on his own floor, and (e) I am to am son of the above son’s son’s son’s son’s son’s son’s son.

Accordingly, the defendant interfered with legitimate execution of duties concerning the prevention and suppression of police officers' crimes and the maintenance of order.

Summary of Evidence

1. Each legal statement of witness D and E;

1. Confirmation of a photograph of CCTV-faging and mobilization;

1. Application of Acts and subordinate statutes as a result of inquiry;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

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

1. Scope of punishment by law: Imprisonment with labor for one month to five years;

2. The scope of the recommended punishment according to the sentencing guidelines [the types of decisions] that interfere with the performance of public duties on the grounds of [the Class 1] no interference [the scope of the recommended territory and the scope of the recommended punishment], the basic area of the recommendation, six months to one year and six months.

3. The crime of obstructing the execution of a sentence of sentence is a crime that undermines the function of the State by nullifying a legitimate exercise of public authority, and thus, it is necessary to strictly punish the crime in order to establish a law and order of the State and eradicate a light of public authority; the fact that the victimized police officer did not receive a letter from the injured police officer; and the defendant was at a price from the victimized police officer dispatched to handle the reported case concerning domestic violence.

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