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(영문) 대구지방법원 김천지원 2019.03.28 2018고단1227
공무집행방해
Text

A defendant shall be punished by imprisonment for four 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

At around 01:00 on November 5, 2018, the Defendant: (a) reported 112 that the Defendant was intending to assault the said convenience store that the Defendant was able to assault the said convenience store; (b) attempted to have the Defendant embarked on the back seat of the patrol box in order to protect D; (c) failed to start a vehicle by putting the front door of the patrol box; and (d) prevented the Defendant from getting the front door part of the said F, which the Defendant prevented, from walking the knee.

Accordingly, the defendant interfered with legitimate execution of duties concerning the handling of 112 reports by police officers, prevention and suppression of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. G statements;

1. Work log and the list of reported cases;

1. Investigation report (to take photographs of CCTVs at the scene of obstruction of performance of official duties and attach CDs), the application of each statute on photographs;

1. Article 136 (1) of the Criminal Act and the choice of imprisonment with prison labor concerning the crime;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and lecture attendance order;

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

2. The scope of recommendations according to the sentencing guidelines for the crime of obstruction of performance of official duties [Article 1] The obstruction of performance of official duties/performance of duties [Special Convicts] - Mitigation elements: In cases where the degree of violence, intimidation and deceptive scheme is minor [the scope of recommendations and recommendations] mitigation field, there is no person who has been sentenced to imprisonment for one month to eight months [the grounds for suspension of execution] [the grounds for suspension of execution of punishment] - Where the degree of violence, intimidation and deceptive scheme is minor: In cases where the degree of general pride is minor, the reason for suspension of execution of punishment - the serious reflectr - there is no effort to recover damage.

3. Determination of the degree of obstruction of performance of official duties, as well as the age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime were committed, the same sentence as the order shall be determined in full view of all the sentencing conditions shown in the arguments in this case.

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