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(영문) 대구지방법원 2020.02.06 2019고단6055
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On August 29, 2019, the Defendant: (a) was permanently stationed in B at a time of stay at around 23:44 on August 29, 2019; and (b) was urged to calculate the drinking value and to return home from E in the circumstances surrounding the D District of the resident police station called “I am to am home” after receiving a 112 report; (c) “I am to am to this end, if I am to this end, I am to am to am back, I am to the police am to am? I am to this end, I am to this end.”

As a result, the Defendant interfered with the legitimate performance of duties concerning the handling of 112 reports by police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Application of each police protocol of statement to E and F;

1. The relevant Article of the Criminal Act, Article 136 (1) of the Criminal Act, the grounds for sentencing choice of imprisonment, and the reasons for sentencing;

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. On June 21, 2019, the Defendant, who was sentenced to a suspended sentence of one year for the commission of an injury at the Seo-gu District Court Branch Branch of the Daegu District Court, was sentenced to a suspended sentence of two years for the commission of an injury, and, under the influence of alcohol, took a bath to the police officer, and obstructed the legitimate performance of official duties by assault and assault.

In addition, the degree of criticism is also high in view of the fact that the same crime was committed even though there was a record of being sentenced to two years of suspended sentence in October due to obstruction of performance of official duties in 2014.

However, the fact that the defendant recognizes the crime and supports his wife and children is the most, and the circumstances that form the sentencing conditions indicated in the records of this case, such as the defendant's age, character and conduct, family relationship, and circumstances before and after the crime, are considered as ordered.

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