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(영문) 대구지방법원 2017.07.13 2017고단1106
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

피고인은 2017. 2. 16. 19:45 경 대구 북구 C에 있는 2 층 주거지 내에서, 본인의 휴대전화 (D) 로 112 신고 센터에 전화를 걸어 “ 도시가스를 틀어 놨다, 곧 폭발한다, 동거 녀와 통화시켜 달라” 고 말한 뒤 전화를 끊었다.

Accordingly, 12 police officers, F, etc. of the Daegu Northern Police Station E District Police Station and 10 fire officers of the Daegu Western Fire Station, who were called upon the above report, sent out the police officers, and 8 residents and 50 residents of the neighboring residents, and requested the defendant to block urban gas and take out from the house.

Defendant 1, upon the above request of the police officer, sent approximately 30 minutes of 30 minutes to police officers, and threatened police officers, etc. with “fluoring gas while fluoring them,” thereby obstructing police officers from performing their legitimate duties concerning the protection of police officers’ lives, bodies, and property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. G statements;

1. Application of the 112 Report Statement, the report on internal investigation (the confirmation of work experience in mobilization by 112 Report), and the E terrestrial work log;

1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act concerning the selection of punishment;

1. The reason for sentencing under Article 62(1) of the Criminal Act ( favorable circumstances among the reasons for sentencing) of the suspended sentence (the following reasons for sentencing) is [the scope of recommendation] interference with the performance of official duties (from June to one year and six months). No person in charge of special sentencing (the decision of sentencing) (the decision of sentencing is made] (the decision of sentencing), taking into account all the following circumstances, such as the age, sex, sex, family relationship, family environment, motive and means of the crime, circumstances after the crime, etc., and the various conditions of sentencing as shown in the instant records and arguments, such as the following circumstances and the defendant’s age, sex, family relation, family environment, motive and means of

Unfavorable circumstances: The instant crime ought to be strictly punished as interfering with police officers’ performance of their official duties by threatening them to explosion gas.

The accused shall commit crimes of different types nine times.

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