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(영문) 대구지방법원영덕지원 2020.12.23 2020고단249
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

On October 9, 2020, the Defendant, upon receiving a report from the police officer at around 18:28 on October 18, 2020, requested the police officer belonging to the Ulsan Police Station B police box to leave the place of residence and moved the police vehicle to the front of the Defendant’s residence.

On October 9, 2020, the Defendant refused to return home from the police vehicle to the police station, took a bath to the police officer, and took sound on the road. On October 9, 2020, when the police officer affiliated with the above police box raises the Defendant, the Defendant committed assault, such as her left hand, her son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s s

Accordingly, the defendant interfered with legitimate performance of duties on the investigation by police officers, crime prevention, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes of each of the police statement of D to report internal investigation and the 112 Report Processing Records to each of the police records;

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 for probation and 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 expressed in the pleadings of the instant case, including 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 probation and the community service order shall be faithfully observed

Unfavorable circumstances: obstruction of the performance of official duties of this case.

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