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(영문) 대구지방법원 2019.02.26 2018고단5329
공무집행방해
Text

A defendant shall be punished by imprisonment for six 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 August 22, 2018, at the house of the defendant of the Dong-gu B apartment C, Daegu-gu, Daegu-gu, 22:53 on August 22, 2018, the defendant confirmed the details of the report by the police officer of the Dong-gu, Daegu-gu, 112 who was dissatisfied with the husband, and sent to the D District Unit of the D District Department of the Daegu-gu, Daegu-gu, which was called upon the 112 report, the defendant took a bath to "I am her own, her husband, her husband, her husband, her husband, and her mother," and obstructed the police officer's legitimate execution of duties concerning the handling of the 112 report.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Place of service;

1. Application of Acts and subordinate statutes to investigation reports (Evidence List 6);

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

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act, Article 44-2 (1) and (2) of the Medical Treatment and Custody Act;

1. The scope of punishment by law: Imprisonment for one to five years;

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: Imprisonment with prison labor for six months, the suspension of the execution of two years, the following circumstances, and other records, such as the defendant's age, occupation, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime was committed, and other conditions of sentencing as ordered.

Unfavorable circumstances: Crimes committed by a police officer in the course of performing his/her official duties, which are minor in light of the circumstances, contents, etc. of such crimes.

The favorable circumstances: there is no criminal power against the defendant.

The defendant was led to confession and reflect.

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