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(영문) 대구지방법원 2020.02.13 2019고단6782
공무집행방해
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On October 25, 2019, at around 01:05, the Defendant: (a) 01:05, she was drunk at a restaurant C restaurant located in Busan-si B; (b) she was fluored by the police box of the Gyeongsan Police Station that received 112 a report and sent by the Defendant, and she was fluored by the guards of the police box of the Gyeongsan Police Station, who was under his/her control, and she was fluored by the Party E, and she was fluored by the Party E to walk.

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. Statement of the police statement of E;

1. Application of Acts and subordinate statutes to report internal death (related to attaching a photo of the victim of violence in the obstruction of performance of official duties);

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

1. The scope of recommendations according to the sentencing guidelines for the reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Article 62(1) of the Act on the Suspension of Execution [Article 62(1)] The sentence of the obstruction of performance of official duties [Class 1]/ the coercion of [the scope of recommendations and recommendations] basic area, the circumstances under the sentence of imprisonment with prison labor for six to one year, and other conditions of sentencing indicated in the records, such as the defendant's age, occupation, character and conduct, family relationship, and circumstances before and after the commission of the

- The obstruction of performance of official duties should be strictly punished for crimes that disarme legitimate exercise of public authority and undermine national functions, so that there is no record of criminal punishment for the recognition and reflect of crimes or for the same kind of crime.

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