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(영문) 대구지방법원 2020.04.08 2019고단6425
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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 02:38 on August 23, 2019, the Defendant was urged to return home from the slope E belonging to the Kuldong Police Station D District, which was called up after receiving 112 report, at a convenience store located in Daldong-gun B of Maldong-gu, Maldong-gu, the Defendant: (a) went to the chief patrol officer of the Maldong Police Station; (b) “Is the Ga, once Is the D District, Is the Has the Has the Has the Hasche,” and continued to go to go on the back seat of the patrol vehicle; (c) “Is the Hasa, Is the Hasa, Is the Hasa, Is the Hasa, Is the Masa, Is the me, Is the me, and (d) the me will come to go to the me, and (d) the me will go to the me.”

Accordingly, the defendant interfered with the legitimate execution of duties by police officers concerning 112 reporting handling duties.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to E, G, and H;

1. A written statement of I;

1. Notification of departments related to the report of 112 cases, application of Acts and subordinate statutes governing the report of 112 cases, work log in the D District, and application of the 112 Report List;

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

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

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. Scope of applicable sentences under law: One to five years of imprisonment;

2. The scope of the recommended sentence according to the sentencing guidelines [decision of type] The obstruction of the performance of official duties [Type 1]/ the coercion of official duties [the scope of the recommended area and recommendation] There is no person who has been forced to perform his/her duties] (the scope of the recommended area and recommendation] basic area, six months to one year and six months [the general person] [the grounds for suspension of execution] [the grounds for suspension of execution] general pride: There is no criminal record of a suspended sentence or more; the detention of the defendant entails excessive difficulty for his/her family

3. Determination of sentence: To receive a report on the disturbance of ten months of imprisonment with prison labor and one hundred and seventy years of probation.

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