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(영문) 대구지방법원 영덕지원 2020.06.24 2020고단87
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

The Defendant is a person who operates a business with a mutual name, “C,” in the B of Ulsan-gun.

On December 11, 2019, at around 03:12, the Defendant: (a) reported to 112 of the same day that the Defendant she was satisfed by a male in front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the police box; (b) while taking the front of the front of the front of the police box, the Defendant satisfing the Defendant while taking the front of the front of the police box; (c) the police officer assigned to the said police box was batfing the Defendant; and (d) the Defendant batded the front of the said

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on duty in the police box.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Each report on investigation;

1. Application of the Acts and subordinate statutes on photographs and CCTV video CDs;

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 (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of punishment by law: One month to five years;

2. Scope of the recommended sentence according to the sentencing guidelines [decision of type] of the obstruction of performance of official duties or coercion of duties (special sponsor] - Reduction elements: In cases where the degree of assault and threat, threat, and deceptive scheme is minor (the range of recommending area and recommendation range), mitigation area, one month to eight months of imprisonment.

3. Determination of sentence shall take into account the following circumstances and the Defendant’s age, environment, character and conduct, motive, means and consequence of the commission of the crime, and all sentencing factors indicated in the pleadings of this case, including the circumstances after the commission of the crime, and the sentence shall be determined as ordered and the execution of the sentence shall be suspended on condition that the community service order is faithfully observed.

Unfavorable circumstances: The Defendant committed the instant crime.

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