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(영문) 대구지방법원 2020.02.11 2019고단6460
공무집행방해
Text

A defendant shall be punished by imprisonment for six 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

Around 18:55 on September 23, 2019, the Defendant: (a) received 112 reports from the south-gu, Daegu-gu, Daegu-gu, upon receipt of a report that “the cost of drinking dice dice dice dice dice dice dice dice dice dice dice dice dice dice dice dice dice dice dice dice dice dice dice dice dice dice dice dice dice dice dice dice dice dice dice dice dice dice dice dice dice dice dice h, and

Accordingly, the Defendant interfered with the police officer's legitimate performance of duties concerning the handling of 112 reports.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of work place);

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. 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;

2. Determination of sentence: Determination of sentence: Imprisonment with prison labor for six months, probation for two years following the suspension of execution, and other records, such as the defendant's age, occupation, character and conduct, environment, motive, means and result of the crime, circumstances after the crime was committed, and the conditions of various sentencing as shown in the arguments of this case shall be determined as the order.

D. Unfavorable circumstances: The crime committed by the defendant by assaulting a police officer under the influence of alcohol and obstructing his/her performance of official duties shall not be less severe in light of the circumstances, contents, etc. of the crime.

A favorable condition: The defendant has no record of criminal punishment for the last ten years.

Defendant is led to confession and reflect.

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